(navigation image)
Home American Libraries | Canadian Libraries | Universal Library | Community Texts | Project Gutenberg | Children's Library | Biodiversity Heritage Library | Additional Collections
Search: Advanced Search
Anonymous User (login or join us)
Upload
See other formats

Full text of "Journal of the Senate of the General Assembly of the state of North Carolina at its .."

Digitized by the Internet Archive 
in 2013 



http://archive.org/details/journalofsenateo19nort_1 



N. C DOCUMENTS 

JAN gfi ]qgj, 

N. C. STATI LlBi^Ry 

iWLElGH 



N. C. DOCUMENTS 



N. C. STATE LIBRARY 
RALEiGH 



JOURNAL 

OF 

THE SENATE 

OF THE 

GENERAL ASSEMBLY 

OF THE 

STATE OF NORTH CAROLINA 



EXTRA SESSION 
FEBRUARY— 1986 



Lithographed by 

Winston Printing Company 

Winston-Salem, N. C, U. S. A. 



OFFICERS AND MEMBERS 
OF 

THE SENATE OF NORTH CAROLINA 

1985 GENERAL ASSEMBLY 
EXTRA SESSION — FEBRUARY 1986 

ROBERT B. JORDAN III, President Mt. Gilead 

J. J. HARRINGTON, President Pro Tempore Lewiston-Woodville 

KENNETH C. ROYALL, JR., Majority Leader Durham 

SYLVIA M. FINK, Principal Clerk Raleigh 

LEROY CLARK, JR., Reading Clerk Wendell 

GERDA B. PLEASANTS, Sergeant-at-Arms Cary 

DISTRICT NAME OF SENATOR ADDRESS 

1 MARC BASNIGHT Manteo 

2 J. J. HARRINGTON Lewiston-Woodville 

3 JOSEPH E. THOMAS Vanceboro 

4 A. D. GUY Jacksonville 

5 HAROLD W. HARDISON Deep Run 

6 R. L. MARTIN Bethel 

7 FRANKLIN E. WILLIAMS, SR Wilmington 

8 HENSON P. BARNES Goldsboro 

9 THOMAS F. TAFT Greenville 

10 JAMES EZZELL Rocky Mount 

11 JAMES D. SPEED Louisburg 

12 ANTHONY E. RAND Fayetteville 

LURA TALLY Fayetteville 

13 KENNETH C. ROYALL, JR Durham 

RALPH A. HUNT Durham 

14 JOSEPH E. JOHNSON Raleigh 

WILMA C. WOODARD Garner 

WILLIAM W. STATON Sanford 

15 ROBERT D. WARREN Benson 

16 WANDA H. HUNT Pinehurst 

RUSSELL G. WALKER Asheboro 

17 J. RICHARD CONDER Rockingham 

AARON W. PLYLER Monroe 

18 R. C. SOLES, JR Tabor City 

19 ROBERT G. SHAW Greensboro 

20 TED KAPLAN Winston-Salem 

MARVIN WARD Winston-Salem 

21 JOHN M. JORDAN* Saxapahaw 

TIMOTHY H. McDowell Mebane 

22 JAMES C. JOHNSON, JR Concord 

23 PAUL S. SMITH Sahsbury 

ROBERT V. SOMERS Salisbury 

24 WILLIAM D. GOLDSTON, JR Eden 

WELDON R. PRICE Reidsville 

25 OLLIE HARRIS Kings Mountain 

HELEN RHYNE MARVIN Gastonia 

MARSHALL A. RAUCH Gastonia 

26 T. CASS BALLENGER Hickory 

WILLIAM W. REDMAN, JR Statesville 

27 DONALD R. KINCAID Lenoir 

DANIEL REID SIMPSON Morganton 

28 ROBERT S. SWAIN Asheville 

DENNIS WINNER Asheville 

29 CHARLES W. HIPPS Waynesville 

R. P. THOMAS Hendersonville 

30 DAVID RUSSELL PARNELL Parkton 

31 WILLIAM N. MARTIN Greensboro 

32 WENDELL H. SAWYER Greensboro 

33 MELVIN L. WATT Charlotte 

34 JAMES D. McDUFFIE Charlotte 

35 LAURENCE A. COBB Charlotte 



(Resigned August 15, 1985) (Unexpired Term Filled September 20, 1985) 

fSep Annendiv^ 



(See Appendix) 



SENATE JOURNAL 

EXTRA SESSION 
FEBRUARY — 1986 

FIRST DAY 

Senate Chamber, 
Tuesday, February 18, 1986. 

In accordance with law, as set forth in the Constitution of the State of North CaroHna 
and pursuant to the Proclamation issued by the Governor on February 7, 1986, the Senate 
of the North Carolina General Assembly convenes in Extra Session at the hour of 
10:00 A.M. in the Senate Chamber of the State Legislative Building in the City of Raleigh. 

The Honorable Robert B. Jordan III, Lieutenant Governor and President of the 
Senate, presides and calls the Senate to order. 

Prayer is offered by Dr. Samuel D. McMillan, Jr., Senate Chaplain, as follows: 

"0 God of Grace, we thank Thee for Thy guiding hand in our pilgrimage since last we 
met. For the joys we have shared with family and friends we are most grateful; and for 
Thy presence with us when we have had to go through the deep waters, we give Thee 
thanks. 

"0 God of Reason, we pray Thy special blessing this day upon our Lt. Governor, upon 
the members of this Chamber, upon the Speaker of the House, and upon the members of 
the House. Give to these Thy servants reason, fairness, integrity, and a cooperative spirit 
as they deal with the matters before this special session of the General Assembly. 

"0 God of Compassion, make us sensitive to the needs of all the — citizens, homeowners, 
day care centers, businesses, and local governments of our State; deliver us from the 
temptation to react only to the wishes of the lobbyist who get our ear; and guide us in 
enacting legislation which will insure the availability of adequate and reasonable in- 
surance coverage for all our people — rich and poor — black, white and native American — 
young and old — male and female. 

"For then it will be said, as it was said in the day of Deborah, 'that the leaders took the 
lead in Israel, that the people offered themselves willingly. Bless the Lord.' Amen." 

Led by the Lieutenant Governor, the Senators and guests remain standing and pledge 
their allegiance to the United States of America. 

The President lays before the Senate the Proclamation by the Governor, James G. 
Martin, issued February 7, 1986, as follows: 

STATE OF NORTH CAROLINA 

James G. Martin 
Governor 

PROCLAMATION 

Information furnished to me by the Honorable James E. Long, Commissioner of 



February 18, 1986 



6 SENATE JOURNAL [Extra Session 

Insurance of North Carolina, indicates that as a consequence of market withdrawals, 
massive price increases and, in certain instances, the availability of only "claims made" 
coverage, there are no longer available to municipahties and the individual and corporate 
citizenry of North CaroHna certain types of reasonably affordable, commercially avail- 
able, casualty insurance furnished by private insurors Hcensed to do business in North 
Carolina. Further, the Commissioner of Insurance has advised me that circumstances 
have become such that this inability to procure these types of insurance in North CaroHna 
is disruptive to the governmental, social and commercial life of the State and that 
legislation to remedy the situation is needed immediately. He has expressed the opinion to 
me that the State cannot wait for the General Assembly to meet in June to resolve the 
matter. Accordingly, he has asked that I use the powers granted to me by Article III, 
§5(7) of the Constitution of North Carolina to convene the General Assembly into an extra 
session to address the matter now. 

In addition, editorial and citizen responses to the recent designation by the United 
States Department of Energy of the Rolesville Pluton and Elk River rock formations as 
potential sites for further study for suitability as a high level nuclear waste repository 
have made it clear to me that many people in North Carolina oppose such a repository 
being located in the State. The First Amendment to the Constitution of the United States 
grants to the people of each State the right to petition their government for a redress of 
their grievances. Submitting the question of whether they favor the location of a high level 
nuclear waste repository in the State to the voters of the State in a non-binding referen- 
dum is an effective way of allowing them to exercise their First Amendment rights on this 
issue in a timely way. 

As required by Article III, §5(7) of the Constitution I have sought and received the 
advice of the Council of State concerning the circumstances facing the State and received 
from them their advice that immediate action by the General Assembly is required and 
that the General Assembly should be convened into extra session as provided in Article 
III, §5(7) of the Constitution. I have also discussed the matter with the Lt. Governor and 
the Speaker of the North Carolina House of Representatives and they are of the same 
view. 

ACCORDINGLY, pursuant to the authority granted to me by Article III, §5(7) of the 
Constitution of North Carolina, I find that the circumstances stated above constitute an 
"extraordinary occasion" within the meaning of Article III, §5(7) of the Constitution of 
North Carolina and PROCLAIM that the General Assembly is hereby convened in extra 
session for the purpose of considering legislation (1) to authorize the Commissioner of 
Insurance or insurance companies to create risk sharing plans for unavailable kinds of 
property and casualty insurance and to designate areas and coverage under the FAIR 
plan and (2) to permit the Insurance Laws Study Commission, Liabihty and Property 
Insurance Markets Study Commission and Medical Malpractice and Medical Liability 
Study Commission, established under the authority of Chapter 792, 1985 Session Laws, to 
report to the 1986 Regular Session of the 1985 General Assembly; and (3) to place before 
the voters of the State by non-binding referendum at the May 6, 1986, primary election the 
question of whether they favor the location in North Carolina of a High Level Nuclear 
Waste Repository. 

This extra session to consider these matters shall begin February 18, 1986 at 10:00 a.m. , 
and shall continue as provided by law and the rules of each House until both Houses shall 
have adjourned sine die. 



February 18, 1986 



February, 1986] SENATE JOURNAL 7 

Done in Raleigh, North Carolina, this 7th day of February 1986. 

S/ James G. Martin 
(SEAL) 

MESSAGE FROM THE GOVERNOR 

The President directs the Reading Clerk to read the following message from the 
Governor: 

"I have requested your return to Raleigh today in order to consider two matters which 
the executive and legislative leadership agree require prompt legislative action. 

"First, many in our State are faced with a crisis in their personal and business affairs 
caused by a lack of readily available insurance coverage. The Commissioner of Insurance 
has proposed ways and means to deal with this immediate crisis. 

"I commend his proposals to your careful consideration; not as a cure-all, but as an 
appropriate first step in the resolution of problems facing the insurance industry and its 
customers which are local, national and international in scope, and which may ultimately 
require a rethinking of a number of famihar institutions and ways of doing business. 

"The entire insurance issue requires prompt attention, but is beyond the hmited scope 
of this extra session. Today we can begin. Then in the June session, and continuing with 
succeeding sessions, we should address the larger, more complex issues and factors 
involved in a systematic but expeditious manner. 

"There is another matter for which action at this extra session would be timely. We are 
all aware of the impending Final Area Recommendation Report to be made by the United 
States Department of Energy in July 1986. This Report will represent a final decision by 
the United States Department of Energy as to whether the Rolesville Pluton and Elk 
River crystalHne rock formations located in North Carolina will continue to be candidate 
sites for further study for a potential high-level nuclear waste repository. 

"The Department of Natural Resources and Community Development is preparing and 
will submit an appropriate response opposing the Department of Energy's tentative 
selection of these sites based on population proximity, geologic, hydrologic and other 
factors. However, that technical response cannot adequately reflect the public opposition 
which I perceive in our State towards location of a high-level nuclear waste repository 
within our borders. 

"Consequently, it seems right and proper that this General Assembly consider provid- 
ing to our citizens an avenue for exercise of their First Amendment right under the 
Federal Constitution to petition the government of the United States for a redress of this 
grievance through a referendum at the time of the May 6, 1986, primary election. This 
would be perfect timing, coming before the July decision is made by the United States 
Department of Energy. I understand that such legislation will be presented to you, and I 
commend this proposal to your careful consideration as well. 

"I regret that it has been necessary to interrupt your business and personal plans to 
bring you here, but I appreciate your willingness to respond to this call. I wish you well in 
your deliberations." 



February 18, 1986 



8 SENATE JOURNAL [Extra Session 

RESIGNATION AND APPOINTMENT 

The President announces that the Principal Clerk has on file the following documents 
relative to the appointment of Timothy H. McDowell to fill the vacancy created by the 
resignation of John Jordan from Senatorial District 21. (See Appendix) 

STATE OF NORTH CAROLINA 

WHEREAS, The Honorable John Jordan, elected Senator of the 21st Senatorial 
district, 1985 General Assembly, has now resigned and 

WHEREAS, the provision of General Statutes 163-11 requires that the vacancy cre- 
ated by the resignation of The Honorable John Jordan be filled by appointment of the 
person selected by the District Executive Committee of the Democratic Party of the 
21st Senatorial District, and 

WHEREAS, the Executive Committee of the Democratic Party of the 21st Senatorial 
District has notified me of the selection of TIM McDOWELL of Alamance County, North 
Carolina, to fill said vacancy 

I do by these presents appoint 
TIM McDOWELL 

as a member of the 
NORTH CAROLINA SENATE 
. 1985 General Assembly " ""'_" 

IN WITNESS WHEREOF, I have hereunto signed my name and affixed the great Seal 
of the State at the Capitol in the City of Raleigh, this twentieth day of September in the 
year of our Lord, one thousand nine hundred eighty-five and in the two hundred and ninth 
year of our American Independence. 

. S/ James G. Martin ' 

Governor of North Carolina 

S/Thad Eure 
Secretary of State 

(SEAL) '^"^ ■'^"'■"; '■ - 

OATH OF OFFICE OF TIMOTHY H. McDOWELL 

I, Tim McDowell, do solemnly swear that I will support the Constitution of the United 
States, so help me God. 

I, Tim McDowell, do solemnly and sincerely swear that I will be faithful and bear true 
allegiance to the State of North Carolina, and to the constitutional powers and authorities 
which are or may be established for the government thereof; and that I will endeavor to 
support, maintain and defend the Constitution of said State, not inconsistent with the 
Constitution of the United States, to the best of my knowledge and ability, so help me 
God. 

I, Tim McDowell, do swear that I will well and truly execute the duties of my office as a 



February 18, 1986 



February, 1986] SENATE JOURNAL 9 

member of the North CaroUna Senate, according to the best of my skill and ability, 
according to law, so help me God. 

S/ Tim McDowell 

Sworn to and subscribed before me, this 
the 27th day of September, 1985. 
S/ J. B. Allen, Jr. 
Chief District Court Judge 
15 A Judicial District 

The roll of the members of the Senate heretofore elected to the 1985 General Assembly, 
having properly received and subscribed to the oath of office, is called and the following 
answer the call: 

Senators Ballenger, Barnes, Basnight, Cobb, Conder, Ezzell, Goldston, Guy, Hardi- 
son, Harrington, Harris, Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, Johnson 
of Wake, Kaplan, Martin of Pitt, Martin of Guilford, Marvin, McDowell, McDuffie, 
Parnell, Plyler, Price, Rand, Rauch, Redman, Royall, Sawyer, Shaw, Simpson, Smith, 
Soles, Somers, Speed, Staton, Swain, Taft, Tally, Thomas of Craven, Thomas of Hender- 
son, Walker, Ward, Warren, Watt, Williams, Winner, and Woodard — 48. 

The President announces a quorum present. 

The President grants a leave of absence to Senator Kincaid due to the death of his 
father, H. T. "Fritz" Kincaid, and to Senator Hipps due to hospitalization. 

The President welcomes Senator McDowell to the Senate and expresses appreciation 
for his willingness to serve in this Body. 

ADOPTION OF RULES 

Senator Harrington offers a motion that the Senate adopt the Permanent Rules of the 
1985 Regular Session and the provisions contained in the Proclamation issued by the 
Governor on February 7, 1986, as the rules governing this Extra Session of the 1985 
General Assembly convened this day, which motion prevails. 

COMMITTEE APPOINTMENTS 

The President announces that the Standing and Select Committees of the Senate 
heretofore appointed during the 1985 General Assembly are hereby appointed to serve 
during this Extra Session. 

The President appoints Senator McDowell to the following Standing Committees of the 
Senate: Manufacturing and Labor, (Chairman); Agriculture, Education, Election 
Laws, Finance, Senior Citizens, and Transportation. 

The President orders a special message sent to the House of Representatives informing 
that Honorable Body that the Senate is organized and ready to proceed with the public 
business of this Extra Session of the 1985 General Assembly as stated in the Proclamation 
issued by the Governor. 



February 18, 1986 



10 SENATE JOURNAL [Extra Session 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

House of Representatives 
February 18, 1986 

Mr. President: -, 

It is ordered that a message be sent to the Senate informing that Honorable Body that 
the House of Representatives is organized for the Extra Session 1986 and is now ready to 
proceed with the public business. 

Respectfully, 

S/ Grace A. Collins 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills are presented to the Senate, read the first time, and disposed of as 
follows: 

Senator Johnson of Wake moves that Rule 40 be suspended to allow the introduction 
and referral to committee of the following bill, which motion prevails by a two-thirds 
majority vote. 

By Senator Johnson of Wake: 

S. B. 1, a bill to permit the Insurance Regulation Study Commission, The Liability and 
Property Insurance Markets Study Commission, and The Medical Malpractice and Medi- 
cal Liability Study Commission to submit reports to the 1985 General Assembly, Regular 
Session 1986. 

Referred to Insurance Committee. 

Senator Johnson of Wake moves that Rule 40 be suspended to allow the introduction 
and referral to committee of the following bill, which motion prevails by a two-thirds 
majority vote. 

By Senator Johnson of Wake: 

S. B. 2, a bill to authorize the Commissioner of Insurance or insurance companies to 
create risk sharing plans for inadequate or unavailable kinds of property and casualty 
insurance; to expand the Fair Plan; to authorize the Commissioner of Insurance to 
designate additional coverages under the Fair and Beach Plans; and to authorize insurers 
to form market assistance programs. 

Referred to Insurance Committee. 

Senator Martin of Guilford moves that Rule 40 be suspended to allow the introduction 
and referral to committee of the following bill, which motion fails to prevail (electronically 
recorded). 

By Senator Martin of Guilford: 

S. B. 3, a bill to allow the Attorney General to petition for removal of certain pubhc 
officers. 



February 18, 1986 



February, 1986] SENATE JOURNAL 11 

Senator Rand moves that Rule 40 be suspended to allow the introduction and referral to 
committee of the following bill, which motion fails to prevail (electronically recorded). 

By Senator Rand: 

S. B. 4, a bill to allow pubhcation of notices prior to first publication of the North 
Carolina Register in a manner similar to that allowed under Chapter 150A of the General 
Statutes. 

Senator Johnson of Wake, Chairman of the Insurance Committee, announces a meet- 
ing immediately upon recess in Room 1027. 

The Chair declares the Senate in recess until 11:30 A.M. 

MORNING SESSION— 11:30 A.M. 

The Senate meets pursuant to recess and is called to order by the Honorable Robert B. 
Jordan III, Lieutenant Governor. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H. B. 3, a bill to submit to the voters of North Carolina whether there should be located 
within the State of North Carolina a high-level radioactive waste repository site. 

On motion of Senator Roy all, the rules are suspended, and the bill is placed before the 
Senate for immediate consideration. 

Debate ensues and Senator Thomas of Henderson offers a motion to temporarily 
displace the bill for the purpose of preparing an amendment which motion prevails, 
without objection. 

RECONSIDERATION 

S. B. 4, a bill to allow publication of notices prior to first publication of the North 
Carolina Register in a manner similar to that allowed under Chapter 150A of the General 
Statutes. 

Senator Parnell having voted on the prevaihng side, moves that the vote by which the 
motion to suspend the rules to allow the introduction and referral to committee failed to 
prevail be reconsidered, which motion prevails (electronically recorded). The question 
reverts to the motion to suspend the rules to allow the introduction of the bill, which 
motion prevails. 

On motion of Senator Rand, the bill is placed on the Calendar for immediate considera- 
tion. 

The bill passes its second (electronically recorded) and third readings and is ordered, 
without objection, sent to the House of Representatives by special messenger. 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with the 
reports accompanying them and take their place on the Calendar as follows: 

Senator Johnson of Wake for the Insurance Committee submits the following report: 



February 18, 1986 



12 SENATE JOURNAL [Extra Session 

S. B. 1, a bill to permit the Insurance Regulation Study Commission, The Liability and 
Property Insurance Markets Study Commission, and The Medical Malpractice and Medi- 
cal Liability Study Commission to submit reports to the 1985 General Assembly, Regular 
Session 1986, with a favorable report. 

On motion of Senator Johnson of Wake, the rules are suspended and the bill is placed 
before the Senate for immediate consideration. 

The bill passes its second reading (electronically recorded). 

Senator Watt objects to third reading of the bill. Senator Johnson of Wake offers a 
motion to the end that the rules be suspended to allow the third reading of the bill today, 
which motion prevails (electronically recorded). The bill passes its third reading (electron- 
ically recorded). 

The bill is ordered sent to the House of Representatives, without objection, by special 
messenger. 

S. B. 2, a bill to authorize the Commissioner of Insurance or insurance companies to 
create risk sharing plans for inadequate or unavailable kinds of property and casualty 
insurance; to expand the Fair Plan; to authorize the Commissioner of Insurance to 
designate additional coverages under the Fair and Beach Plans; and to authorize insurers 
to form market assistance programs, with a favorable report. 

On motion of Senator Johnson of Wake, the rules are suspended and the bill is placed 
before the Senate for immediate consideration. 

Senator Johnson of Wake offers Amendments No. 1, No. 2 and No, 3 which are adopted 
(electronically recorded). 

The bill, as amended, passes its second (electronically recorded) and third readings and 
is ordered, without objection, sent to the House of Representatives by special messenger, 
without engrossment. 

CALENDAR (continued) 

H. B. 3, a bill to submit to the voters of North Carolina whether there should be located 
within the State of North Carolina a high-level radioactive waste repository site, tempo- 
rarily displaced earlier is placed before the Senate for further consideration. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

The Chair declares the Senate in recess until 1:45 P.M. 

AFTERNOON SESSION— 1:45 P.M. 

The Senate meets pursuant to recess and is called to order by the Honorable Robert B. 
Jordan III, Lieutenant Governor. 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives and 
disposed of as follows: 

H. B. 4, a bill to provide that temporary rules regarding an election expire after 
convening of a regular session. 
Referred to Election Laws Committee. 



February 18, 1986 



February, 1986] SENATE JOURNAL 13 

H. B. 5, a bill to allow compliance with the Voting Accessibility for the Elderly and 
Handicapped Act. 
Referred to Election Laws Committee. 

H. B, 6, a bill to make a clarifying change to the criminal court cost statute. 
Referred to Finance Committee. 

H. J. R. 8, a joint resolution setting the time for adjournment of the 1986 Extra Session 
of the General Assembly to reconvene in 1986, and limiting the subject that may be 
considered in that session. 

Referred to Rules and Operation of the Senate Committee. 

Senator Rauch, Chairman of the Finance Committee, announces a meeting of the 
Committee immediately upon recess. 

Senator Kaplan, Chairman of the Election Laws Committee, announces a meeting of 
the Committee immediately upon recess. 

Senator Harrington, Chairman of the Rules and Operation of the Senate Committee, 

announces a meeting of the Committee immediately upon recess. 

The Chair declares the Senate in recess for the purpose of committee meetings until 
2:30 P.M. 

AFTERNOON SESSION— 2:30 P.M. 

The Senate meets pursuant to recess and is called to order by the Honorable Robert B. 
Jordan HI, Lieutenant Governor. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

Senator Rauch for the Finance Committee submits the following report: 

H. B. 6, a bill to make a clarifying change to the criminal court cost statute, with a 
favorable report. 

On motion of Senator Rauch, the rules are suspended and the bill is placed before the 
Senate for immediate consideration (electronically recorded). 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

Senator Harrington for the Rules and Operation of the Senate Committee submits 
the following report: 

H. J. R. 8, a joint resolution setting the time for adjournment of the 1986 Extra Session 
of the General Assembly to reconvene in 1986, and limiting the subject that may be 
considered in that session, with a favorable report. 

Senator Kaplan for the Election Laws Committee submits the following report: 

H. B. 4, a bill to provide that temporary rules regarding an election expire after 
convening of a regular session, with a favorable report. 



February 18, 1986 



14 SENATE JOURNAL [Extra Session 

On motion of Senator Kaplan, the rules are suspended and the bill is placed before the 
Senate for immediate consideration. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 5, a bill to allow compliance with the Voting Accessibility for the Elderly and 
Handicapped Act, with a favorable report. 

On motion of Senator Kaplan, the rules are suspended and the bill is placed before the 
Senate for immediate consideration. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

The Chair declares the Senate in recess until 4:15 P.M. 

AFTERNOON SESSION— 4:15 P.M. 

The Senate meets pursuant to recess and is called to order by the Honorable Robert B. 
Jordan HI, Lieutenant Governor. 

CALENDAR (continued) 

H. J. R. 8, a joint resolution setting the time for adjournment of the 1986 Extra Session 
of the General Assembly to reconvene in 1986, and Umiting the subject that may be 
considered in that session. 

Senator Royall offers a motion to the end that the joint resolution be taken from the 
Calendar for tomorrow, February 19, and placed before the Senate for immediate con- 
sideration, which motion prevails. 

Senator Royall offers Amendment No. 1 which is adopted (electronically recorded). 

The joint resolution, as amended, passes its second (electronically recorded) and third 
readings and is ordered sent to the House of Representatives for concurrence in Senate 
Amendment No. 1, without objection, by special messenger. 

ENROLLED BILLS 

The EnrolHng Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H. B. 3, an act to submit to the voters of North Carolina whether there should be located 
wdthin the State of North CaroUna a high-level radioactive waste repository site. (Ch. 1) 

S. B. 4, an act to allow publication of notices prior to first publication of the North 
Carolina Register in a manner similar to that allowed under Chapter 150A of the General 
Statutes. (Ch. 2) 

H. B. 4, an act to provide that temporary rules regarding an election expire after 
convening of a regular session. (Ch. 3) , , , 

H. B. 5, an act to allow compliance with the Voting Accessibility for the Elderly and 
Handicapped Act. (Ch. 4) 

H. B. 6, an act to make a clarifying change to the criminal court cost statute. (Ch. 5) 



February 18, 1986 



February, 1986] SENATE JOURNAL 15 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

S. B. 2 (House Committee Substitute), a bill to authorize the Commissioner of In- 
surance or insurance companies to create risk sharing plans for inadequate or unavailable 
kinds of property and casualty insurance; to expand the Fair Plan; to authorize the 
Commissioner of Insurance to designate additional coverages under the Fair and Beach 
Plans; and to authorize insurers to form market assistance programs, for concurrence in 
the House Committee Substitute bill. 

On motion of Senator Johnson of Wake, the rules are suspended, and the House 
Committee Substitute bill is placed before the Senate for immediate consideration. 

On motion of Senator Johnson of Wake, the Senate concurs (electronically recorded) in 
the House Committee Substitute bill and the bill is ordered enrolled. 

The Chair declares the Senate in recess until 5:15 P.M. 

AFTERNOON SESSION— 5:15 P.M. 

The Senate meets pursuant to recess and is called to order by the Honorable Robert B. 
Jordan III, Lieutenant Governor. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S. B. 1, an act to permit the Insurance Regulation Study Commission, The Liability and 
Property Insurance Markets Study Commission, and The Medical Malpractice and Medi- 
cal Liability Study Commission to submit reports to the 1985 General Assembly, Regular 
Session 1986. (Ch. 6) 

S. B. 2 (House Committee Substitute), an act to authorize the Commissioner of 
Insurance or insurance companies to create risk sharing plans for inadequate or unavail- 
able kinds of property and casualty insurance; to expand the Fair Plan; to authorize the 
Commissioner of Insurance to designate additional coverages under the Fair and Beach 
Plans; and to authorize insurers to form market assistance programs. (Ch. 7) 

H. J. R. 8, a joint resolution setting the time for adjournment of the 1986 Extra Session 
of the General Assembly to reconvene in 1986, and limiting the subject that may be 
considered in that session. (Res. 1) 

The Chair orders a message sent to the House of Representatives informing that 
Honorable Body that the Senate has completed the business for which it was convened by 
the Proclamation of the Governor and stands ready to adjourn in accordance with Resolu- 
tion 1 of this Extra Session. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 



February 18, 1986 



16 SENATE JOURNAL [Extra Session 

H. J. R. 8 House OF Representatives 

February 18, 1986 

Mr. President- 
It is ordered that a message be sent your Honorable Body respectfully advising that the 
business of the House has been concluded and that this Body will be ready to adjourn 
pursuant to House Joint Resolution 8, A JOINT RESOLUTION SETTING THE TIME 
FOR ADJOURNMENT OF THE 1986 EXTRA SESSION OF THE GENERAL 
ASSEMBLY TO RECONVENE IN 1986, AND LIMITING THE SUBJECT THAT 
MAY BE CONSIDERED AT THAT SESSION, upon notification that your Honorable 
Body stands to adjourn. 

Respectfully, 

S/ Grace A. Collins 
Principal Clerk 

Pursuant to the message that the House of Representatives has concluded the business 
before it and having notified that Honorable Body that the Senate has completed the 
business before it, the President of the Senate declares that the Senate stands ready for 
adjournment. 

Senator Harrington, seconded by Senator Royall, offers a motion the the Senate do now 
adjourn, in accordance with H. J. R. 8, to reconvene Thursday, June 5, 1986, at 
11:30 A.M., which motion prevails. 

The hour for adjournment fixed by Resolution 1, having arrived, the President of the 
Senate declares the Senate stands adjourned to reconvene on Thursday, June 5, at 
11:30 A.M. 



SECOND DAY 



Senate Chamber, 
Thursday, June 5, 1986. 

The Senate meets pursuant to adjournment as provided in Resolution 1, and is called to 
order by the Honorable Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by Dr. Samuel D. McMillan, Jr., Senate Chaplain, as follows: 

"Be strong and of good courage; be not afraid, neither be thou dismayed; for the Lord 
your God is with you wherever you go." 

"0 God of Strength, we thank Thee for Thy abiding presence with us since last we met. 

"For Your sharing of our joy in good health, baptisms, weddings, and graduations, we 
give Thee thanks. 

"And for the courage and strength which Thou didst give us to deal with the sorrow, 
illness, and heartache which has invaded our lives, we give Thee thanks. 

"Now guide us as we complete the work of the special session begun in February; and 



June 5, 1986 



February, 1986] SENATE JOURNAL 17 

strengthen us for the tasks that lie before us in the short session of the General Assembly. 
Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of Tuesday, February 18, 1986, has been examined and is found to be 
correct. On his motion, the Senate dispenses with the reading of the Journal and it stands 
approved as written. 

The President grants leaves of absence to Senators Simpson and Staton for today. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bill filed for introduction is presented to the Senate, read the first time, 
and disposed of as follows: 

By Senator Martin of Guilford: 

S. B. 3, a bill to allow the Attorney General to petition for removal of certain pubhc 
officers. 
Referred to Judiciary II Committee. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H. J. R. 9 House of Representatives 

June 5, 1986 

Mr. President: 

It is ordered that a message be sent to the Senate informing that Honorable Body that 
the House of Representatives has passed the following bills and resolutions and asks the 
concurrence of your Honorable Body therein: 

H. J. R. 9, a joint resolution adjourning the 1986 Extra Session sine die. 

On motion of Senator Harrington, the rules are suspended and the joint resolution is 
placed before the Senate for immediate consideration. 

The joint resolution passes its second (electronically recorded) and third readings and is 
ordered enrolled. 

ENROLLED BILLS 

The Enrolling Clerk reports the following joint resolution properly enrolled, and it is 
duly ratified and sent to the office of the Secretary of State: 

H. J. R. 9, a joint resolution adjourning the 1986 Extra Session sine die. (Resolution 2) 

The President orders a message sent to the House of Representatives informing that 
Honorable Body that the Senate has completed the business for which it was convened and 
stands ready to adjourn sine die. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 



June 5, 1986 



18 SENATE JOURNAL [Extra Session 

' . House of Representatives 

June 5, 1986 

Mr. President: ' ' '■■'■"' - ■■ ■ ' 

It is ordered that a message be sent your Honorable Body respectfully advising that the 
business of the House of Representatives has been concluded. Upon notification that your 
Honorable Body stands ready to adjourn and pursuant to H. J. R. 9, A JOINT RESOLU- 
TION ADJOURNING THE 1986 EXTRA SESSION SINE DIE, the House of Repre- 
sentatives of the Extra Session 1986 adjourns sine die. 

Respectfully, 

S/ Grace Collins 

Principal Clerk ' ' 

Senator Harrington offers a motion that this Senate of the 1985 General Assembly 
meeting in Extra Session do now adjourn sine die, which motion prevails. 

The hour having arrived for adjournment as set by H. J. R. 9 of the Extra Session of the 
1985 General Assembly, and the motion to adjourn, sine die, having prevailed, the 
President of the Senate, Robert B. Jordan III, declares this Senate of the 1985 General 
Assembly, meeting in Extra Session, adjourned, sine die. 



Robert B. Jordan III 
President of the Senate 



Sylvia Morris Fink 
Principal Clerk 



June 5, 1986 



20 SENATE JOURNAL [Extra Session 

LETTER OF RESIGNATION 

The following letter of resignation is received and is on file in the Office of the Senate 
Principal Clerk: 

NORTH CAROLINA GENERAL ASSEMBLY 

Senate Chamber 

State Legislative Building 

Raleigh 27611 

Saxapahaw, NC 27340 

August 15, 1985 

The Honorable James G. Martin 
Governor of North CaroUna 
Administration Building 
116 W. Jones Street 
Raleigh, NC 27611 

Dear Governor Martin: 

For personal reasons, as of today, August 15, 1985, I herewith submit my resignation 
from the North Carolina Senate from the 21st District which includes Alamance and 
Caswell Counties. 

It has been an honor and privilege to have represented these fine people. This I did to 
the best of my ability. 

Respectfully yours, 
S/ John M. Jordan 



CC: The Honorable Robert B. Jordan III 
Mr. Alex K. Brock 



ACTIVATION OF COMMITTEE ON INSURANCE 

The following documents are received and placed on file in the Office of the Senate 
Principal Clerk: 

NORTH CAROLINA GENERAL ASSEMBLY 

Senate Chamber 

State Legislative Building 

Raleigh 27611 

February 6, 1986 

MEMORANDUM 

TO: Members of the Senate 

FROM: Senator Joseph E. Johnson, Chairman 

RE: Special Committee Meeting 

Enclosed is a copy of the call of the Joint Senate and House Insurance Committees which 
will meet to deal with the legislation to be presented to the special session. All members of 



February, 1986] SENATE JOURNAL 21 

the Senate are, of course, welcome to the meeting. We will attempt, as soon as possible, to 
mail to each member of the Senate the materials presented at the committee meeting. 

If you have any questions or comments, please do not hesitate to contact me. 



OFFICE OF THE LIEUTENANT GOVERNOR 
STATE OF NORTH CAROLINA 

Raleigh 27611 

February 10, 1986 

The Honorable Joe Johnson 

Box 750 

Raleigh, NC 27602 

Dear Joe: 

Pursuant to G. S. 120-19.6, I am hereby activating the Senate Standing Committee on 
Insurance to meet upon the call of the Chairman for the purpose of considering insurance 
matters addressed in the Governor's Proclamation calling the General Assembly into a 
Special Session and any other matters that may come before this Committee. 

I look forward to seeing you and if I, or my staff, can be of assistance please let us know. 

Sincerely, 

S/ Bob Jordan 

CC: The Honorable Liston Ramsey 
The Honorable Monk Harrington 
Sylvia Fink, Senate Principal Clerk 
Elaine Robinson, Disbursing Office 
George Hall, Legislative Services 



INDEX 



24 SENATE JOURNAL [Extra Session 

RATIFIED BILLS AND RESOLUTION 
Session Laws 



Chapter Bill No. Page 

1 H 3 14. 

2 S 4 14. 

3 H 4 14. 

4 H 5 14. 

5 H 6 14. 

6 SI 15. 

7 S 2 15. 



Resolution 



Resolution Res. No. Page 
1 HJR 8 15. 



NUMERICAL INDEX 

Senate 



Bill/Resolution Page 

S 1 1986 Insurance Study Reports (H 2) (Ch. 6) 10, 12, 15. 

S 2 Liability Insurance Amendment (Ch. 7) 10, 12, 15. 

S 3 Removal Petitions (Judiciary II Committee) 10, 17. 

S 4 APA Correction (H 7) (Ch. 2) 11, 14. 



House of Representatives 



H 3 Nuclear Waste Referendum (Ch. 1) 11, 12, 14. 

H 4 Temporary Election Rules (Ch. 3) 12, 13, 14. 

H 5 Voting Accessibility (Ch. 4) 13, 14. 

H 6 Court Costs Clarified (Ch. 5) 13, 14. 

H 8 Adjournment to Reconvene June 5 (Res. 1) 13, 14, 15, 16. 

H 9 Adjournment Extra Session Sine Die (Res. 2) 17. 



February, 1986] SENATE JOURNAL 25 

ALPHABETICAL INDEX 



Absence 

Leave Granted 

Hipps, Senator Charles W 9. 

Kincaid, Senator Donald R 9. 

Simpson, Senator Daniel R 17. 

Staton, Senator William W 17. 

Adjournment 
Day Certain 

H 8 (Res. 1) 13, 14, 15, 16. 

Sine Die 

H 9 (Res. 2) 17, 18. 

Administrative Procedure 
Notice Publication 

S 4 (H 7) (Ch. 2) 11, 14. 

Appendix 19. 

Election Laws 

Rule Expiration, Temporary 

H 4 (Ch. 3) 12, 13, 14. 

Voting Accessibility for Elderly/Handicapped 

H 5 (Ch. 4) 13, 14. 

General Assembly 

House of Representatives 

j^ Business Concluded 16. 

Organized 10. 

Senate 

Business Concluded 15, 17. 

Committees — Standing/Select 

Appointment 9. 

Meeting Announced 11,13,20,21. 

Convenes 5, 16. 

Districts 3. 

Officers/Members 3, 19. 

Organized 9. 

Pledge of Allegiance 5. 

Prayer— Dr. Samuel D. McMillan (Senate Chaplain) 5, 16. 

President — Lt. Gov. Robert B. Jordan III 

Appointments 9. 

Presides 5, 11, 12, 13, 14, 15, 16. 

Quorum 9. 

Recess 11, 12, 13, 14, 15. 

Rules 9. 

Governor — see State Officers 

Harrington, Joseph J. — Senator Bertie (part), Edgecombe (part). Gates (part), 

Halifax (part), Hertford, Martin (part), Northampton, 
and Warren (part) — 2nd District 

Adjournment Motion 16, 18. 

Journal Approval 17. 



26 SENATE JOURNAL [Extra Session 

Hazardous Waste 

Nuclear Waste Referendum 

H 3 (Ch. 1) 11, 12, 14. 

Insurance 

Committee Meeting 11, 20, 21. 

Study Committee Report 1986 

S 1 (H 2) (Ch. 6) 10, 12, 15. 

Liability/Market Assistance 

S 2 (Ch. 7) 10, 12, 15. 

Johnson, Joseph E. — Senator Harnett, Lee, Wake (part) — 14th District 

Primary Sponsor— SB 1,2 10. 

Jordan, John M. — Senator Alamance, Caswell — 21st District 

Resignation 8, 22. 

Judicial 

Court Costs Clarified 

H 6 (Ch. 5) 13, 14. 

Law Enforcement 

Removal Petitions by Attorney General 

S 3 (Judiciary II Committee) 10, 17. 

Lieutenant Governor — see General Assembly (Senate President); State Officers 
Martin, William N.— Senator Guilford (part)— 19th District 

Primary Sponsor— SB 3 10. 

McDowell, Timothy H. — Senator Alamance, Caswell — 21st District 

Appointment to Fill Unexpired Term 8. 

Oath of Office 8. 

Committee Assignments 9. 

Standing — 

Manufacturing and Labor (Chairman) 

Agriculture — Education — Election Laws — Finance — Senior Citizens — 

Transportation 

Proclamation by Governor 5. 

Rand, Anthony E. — Senator Cumberland (part) — 12th District 

Primary Sponsor — SB 4 11. 

Royall, Jr., Kenneth C. — Senator Durham, Granville, Orange (part). 

Person — 13th District 

Adjournment Motion (Second) 16. 

State Officers 

Governor — James G. Martin 

Message to Senate 7. 

Proclamation 5. 

Insurance Commissioner — James E. Long 5. 

Lieutenant Governor — Robert B. Jordan III 
— see General Assembly (Senate President) 
Voting Accessibility — see Election Laws 



JOURNAL 

OF 

THE SENATE 

OF THE 

GENERAL ASSEMBLY 

OF THE 

STATE OF NORTH CAROLINA 



SECOND SESSION 
1986 



OFFICERS AND MEMBERS 
OF 

THE SENATE OF NORTH CAROLINA 

1986 GENERAL ASSEMBLY 
SECOND SESSION 

ROBERT B. JORDAN III, President Mt. Gilead 

J. J. HARRINGTON, President Pro Tempore Lewiston-Woodville 

KENNETH C. ROYALL, JR., Majority Leader Durham 

SYLVIA M. FINK, Principal Clerk Raleigh 

LEROY CLARK, JR., Reading Clerk Wendell 

GERDA B. PLEASANTS, Sergeant-at-Arms Cary 

DISTRICT NAME OF SENATOR ADDRESS 

1 MARC BASNIGHT Manteo 

2 J. J. HARRINGTON Lewiston-Woodville 

3 JOSEPH E. THOMAS Vanceboro 

4 A. D. GUY Jacksonville 

5 HAROLD W. HARDISON Deep Run 

6 R. L. MARTIN Bethel 

7 FRANKLIN E. WILLIAMS, SR Wilmington 

8 HENSON P. BARNES Goldsboro 

9 THOMAS F. TAFT Greenville 

10 JAMES EZZELL Rocky Mount 

11 JAMES D. SPEED Louisburg 

12 ANTHONY E. RAND FayetteviUe 

LURA TALLY FayetteviUe 

13 KENNETH C. ROYALL, JR Durham 

RALPH A. HUNT Durham 

14 JOSEPH E. JOHNSON Raleigh 

WILMA C. WOODARD Gamer 

WILLIAM W. STATON Sanford 

15 ROBERT D. WARREN Benson 

16 WANDA H. HUNT Pinehurst 

RUSSELL G. WALKER Asheboro 

: 17 J. RICHARD CONDER Rockingham 

AARON W. PLYLER Monroe 

18 R. C. SOLES, JR Tabor City 

19 ROBERT G. SHAW Greensboro 

20 TED KAPLAN Winston-Salem 

MARVIN WARD Winston-Salem 

21 TIMOTHY H. McDOWELL Mebane 

22 JAMES C. JOHNSON, JR Concord 

23 PAUL S. SMITH Salisbury 

ROBERT V. SOMERS Salisbury 

24 WILLIAM D. GOLDSTON, JR Eden 

WELDON R. PRICE Reidsville 

25 OLLIE HARRIS Kings Mountain 

HELEN RHYNE MARVIN Gastonia 

MARSHALL A. RAUCH Gastonia 

26 T. CASS BALLENGER Hickory 

WILLIAM W. REDMAN, JR Statesville 

27 DONALD R. KINCAID Lenoir 

DANIEL REID SIMPSON Morganton 

28 ROBERT S. SWAIN Asheville 

DENNIS WINNER Asheville 

29 CHARLES W. HIPPS Waynesville 

R. P. THOMAS Hendersonville 

30 DAVID RUSSELL PARNELL Parkton 

31 WILLIAM N. MARTIN Greensboro 

32 WENDELL H. SAWYER Greensboro 

33 MELVIN L. WATT Charlotte 

34 JAMES D. McDUFFIE Charlotte 

35 LAURENCE A. COBB Charlotte 

(See Appendix) 



SENATE JOURNAL 

SECOND SESSION 1986 



ONE HUNDRED-NINETEENTH DAY 

Senate Chamber, 
Thursday, June 5, 1986. 

The Senate meets pursuant to adjournment as provided in Resolution 34 and is called to 
order by the Honorable Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by Dr. Samuel D. McMillan, Jr., Senate Chaplain, as follows: 

"As for me, I will walk in mine integrity; redeem me and be merciful unto me." 

"0 God of Integrity, as we begin this short session of the General Assembly, dehver us 
we pray Thee from guile, dishonesty, and petty party politics; and give us grace and 
strength to be men and women of integrity. 

"Guide us by Thy Spirit into paths of understanding, honesty, and compassion. 

"As we deal with controversial issues, help us to be understanding of the position of 
others while standing up for our own convictions. 

"And in all our dealings with one another help us to act in such a way as to show 
ourselves to be persons of integrity, patience, understanding, wisdom, and compassion. 
Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of Thursday, July 18, 1985, has been examined and is found to be correct. 
On his motion, the Senate dispenses with the reading of the Journal and it stands approved 
as written. 

The President grants leaves of absence to Senators Simpson and Staton for today. 

The President addresses the members of the Senate, and on motion of Senator Royall, 
the remarks of Lieutenant Governor Jordan are spread upon the Journal, as follows: 

"I do want to welcome today all of those who are with us for this opening day of the short 
session, for indeed, that we hope it will be. This morning in the Democratic Caucus our 
President Pro Tem talked about four weeks and we told him we wanted him to figure out 
some way to be sure that happens, that we'll be working at that. But we do extend the 
courtesies of the gallery and floor to those who visit with us, and we're happy to see the 
members of the press still interested in what goes on in North Carohna. 

"To members of the Senate, I'm going to take just a few minutes now to make a few 
comments. I want to remind you of the importance of what you are doing in the few short 
weeks that we do plan to be in session. I would encourage all of you to remember that the 
primary purpose of this session is to review and update the budget — tune up the second 
year of the budget. As you already know, the demands on the budget are many and are 
significant. As we review the budget, we must keep in mind that the impact of the tax cut 
which you gave to the citizens of North Carolina in the long session really did not affect the 
budget in the year even now in the way it will impact them starting July 1. You take the 



June 5, 1986 



6 SENATE JOURNAL [Second Session 

difference in the impact in 1985-86 and 1986-87, you will find that that difference is $317.8 
million difference. 

"So we have to be cautious in our spending this year to avoid placing ourselves in a very 
difficult financial position next year. And I believe we are going to see a number of red 
flags raised by cities and counties and towns across the State once the federal budget is 
decided upon. 

"The full implications of the federal budget and tax actions will, indeed, not be clear 
until later this year, if even then. Already you are hearing from citizens and officials all 
over the State about the need for State funds to continue those actions that are being cut 
by the federal government. 

"If your office is like mine or your home is like mine, you'll find that over half the people 
that are talking to you are not talking to you about new dollars, but they are talking to you 
about dollars that they need to continue programs, and in many instances needed pro- 
grams that will not be funded next year in the same way they are this year by the federal 
government. 

"Part of our course for the future will certainly be determined by our efforts in this 
session to continue to provide for roads, airports, water and sewer facilities, education 
and the other services necessary to fuel our economy. And while the economy is being 
fueled in one way up and down the interstate corridors, it is being fueled another way in 
rural North Carolina. Governor Martin has come forward with a package for improving 
the transportation systems of North Carohna. 

"He has identified many of the most pressing road needs in our State. The Administra- 
tion is to be commended for that work. Certainly, our economy depends upon the 
maintenance and expansion of our excellent and nation-leading highway system. 

"But our economy also depends on a strong education system. Every day businesses in 
this State are saying our most important need is trained minds — and not just workers 
trained to handle a particular kind of computer or machine, but trained to handle the new 
model next year when the current one becomes obsolete. We pick up the paper every day 
and see the needs that we have in education to continue to make improvements. We cannot 
afford to take money from the General Fund — which pays to educate our children — to pay 
for our highways. We could better live with potholes in our roads than with children 
untrained to succeed in tomorrow's world. 

"However, I believe North Carolina can meet both challenges. I am confident that the 
General Assembly — that you will address both of these problems. We must provide for 
transportation needs and our education needs, and we call upon the Administration to join 
us in these historically important tasks. 

"Another area deserving our strongest efforts this session is our prison system. It is our 
duty not just to come up with a program to avoid federal take-over of the prison system, 
but to propose and fund the right approach for North Carohna. We must also be vigilant in 
protecting our citizens and in improving law enforcement. 

"You will be asked to look at proposals affecting insurance. You began that task on 
February 18 in the Special Session when you directed the commission studying insurance 
to have the opportunity to report back to you in this session. Some changes are necessary 
to strengthen regulation and to protect consumers and businesses unable to find or afford 
insurance protection. We cannot allow 'correctable' insurance problems to deprive our 



June 5, 1986 



1986] SENATE JOURNAL 7 

citizens of needed coverage. Many of you have been hard at work on this issue, and now 
the time has come to determine what we can reasonably handle during this short session, 
and I am sure that you will represent those views of the citizens of this State whether you 
are for or against the proposals. 

"Good government remains our top priority. You will be asked to adopt new rules 
recommended by a special Senate Appropriations Committee that will strengthen 
participation in the legislative process. I believe that all bills should receive full scrutiny 
by committee members. And legislation is needed to further define the separation of 
powers as it does relate to the Advisory Budget Commission. A recommendation from the 
Governmental Operations Committee will be before you. 

"I encourage all of you, as I know you will, to give your very best efforts as you 
deliberate the many issues that you will be asked to consider. It is my intent to do my job in 
a way to assist you in every way possible to take deliberative, reasoned and prompt action 
on the matters to be considered and to continue with you to find ways to reduce the 
number of legislative days required for our deliberations. 

"I know that many of you are facing — that all of you have elections this Fall and many of 
you have opposition. I encourage each of you, Democrats and RepubHcans alike, to put 
aside, as you have in the past, partisan differences and take actions now that will best 
serve all of North Carolina. 

"As you know, the public has entrusted its fate and entrusted its rights in the members 
of the Senate and in those of us involved in the legislative process. I have been proud of 
your actions in the past and I am sure that I will be proud of your actions in the future. 

"I look forward to working with you in the session. We probably will start out fairly 
slow. Monday's session will probably be a normal Monday that we will only meet on 
Monday night, but after that all bets are off as we determine how much committee action 
will be necessary to bring the items to the floor." 

Senator Royall is recognized and gives notice of his intent to introduce a resolution to 
amend the permanent Rules of the North Carolina Senate, as provided in Rule 77 of the 
Rules of the Senate. 

On motion of Senator Harrington, seconded by Senator Rauch, the Senate adjourns to 
meet tomorrow, Friday, June 6, at 9:00 A.M. 



ONE HUNDRED TWENTIETH DAY 

Senate Chamber, 
Friday, June 6, 1986. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan HI, Lieutenant Governor. 

Prayer is offered by Dr. Samuel D. McMillan, Jr., Senate Chaplain, as follows: 

"Remember the Sabbath, to keep it holy. 



June 6, 1986 



8 SENATE JOURNAL [Second Session 

"0 Lord of our lives, deliver us from trusting in our own wisdom and strength; save us 
from allowing the Sabbath to become a hohday instead of a holy day; and help us maintain 
the discipline of corporate worship — that we might find insights and inspiration to fulfill 
our calling as Your children and Your servants. 

"By Your Grace, we have the opportunity to serve the people of this great State in this 
political arena. This is a sacred task and a holy responsibility. And we humbly acknowl- 
edge that we cannot fulfill it in our own strength alone. 

"As we go home for the weekend, give to us a time of refreshment with Thee and with 
our families; renew our strength; and bring us back to the place on Monday with a new 
determination to serve Thee and our fellow citizens to the very best of our ability. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: ^ . 

By Senator Harris: 

S. B. 855, a bill to make technical corrections to the Mental Health, Mental Retardation, 
and Substance Abuse Act of 1985, and conforming changes to the General Statutes. 
Referred to Human Resources Committee. 

By Senators Hipps and Thomas of Henderson: 

S. B. 856, a bill to appropriate funds to the Burley Tobacco Facility, Mountain Research 
Facility. 
Referred to Appropriations Committee. 

By Senators Winner and Swain: 

S. B. 857, a bill to appropriate funds for the annual Belle Chere Street Festival in 
Asheville. 

Referred to Appropriations Committee. 

By Senators Taft, Rauch, and Harris: 

S. B. 858, a bill to implement the recommendations of the Medical Malpractice Study 
Commission and to improve the capacity of the State to monitor the claims experience of 
liabiUty insurers; assist the health care professions in peer review, risk management and 
self-disciphnary efforts; and limit the liabihty of health care providers for noneconomic 
and punitive damages. 

Referred to Judiciary II Committee. 

By Senators Taft, Rauch, and Harris: ■ 

S. B. 859, a bill to establish the North CaroUna Childhood Vaccine-Related Injury 
Compensation Program. 
Referred to Judiciary II Committee. 



June 6, 1986 



1986] SENATE JOURNAL 9 

By Senators Plyler, Basnight, Conder, Ezzell, Goldston, Guy, Hardison, Harrington, 
Hipps, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kincaid, Martin of Pitt, 
Marvin, McDuffie, Parnell, Rand, Rauch, Redman, Royall, Smith, Speed, Staton, Swain, 
Taft, Tally, Thomas of Craven, Thomas of Henderson, Walker, Ward, Warren, Watt, 
Williams, Winner, and Woodard: 

S. B. 860, a bill to increase monthly pension benefits and to allow retroactive member- 
ship in the Firemen's and Rescue Squad Workers' Pension Fund. 
Referred to Pensions and Retirement Committee. 

By Senators Royall and Harrington: 

S. R. 861, a Senate resolution to amend the permanent Rules of the Senate. 
Referred to Rules and Operation of the Senate Committee. 

REPORT OF SELECT COMMITTEE 

Senator Johnson of Wake submits a report from the North Carolina Insurance Regula- 
tion Study Commission. The Senate accepts the report and the President orders it placed 
on record. 

The President recognizes the following pages serving in the Senate this week: Kim 
Adams, Raleigh; Idona Bailey, Raleigh; Teresa Chalk, Raleigh; Sherrill Dunn, Raleigh; 
Chris Icenhour, Garner; Kim Jenkins, Apex; Lee Johanson, Raleigh; Michelle Jones, 
Willow Springs; Burke Koonce, Raleigh; Jeannette Koger, Raleigh; Nicole McLamb, 
Benson; Edwin Speas, Raleigh; Katie Thomas, Raleigh; Jessica Whitehurst, Cary; Will 
Wofford, Raleigh; Brooke Sarvis, Greensboro. 

On motion of Senator Harrington, seconded by Senator Harris, the Senate adjourns to 
meet Monday, June 9, at 8:00 P.M. 



ONE HUNDRED TWENTY-FIRST DAY 

Senate Chamber, 
Monday, June 9, 1986. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by the Honorable Ollie Harris, Senator from Cleveland County, as 
follows: 

"Our Father, we thank Thee for this day. We thank Thee for the safe trip to Raleigh. We 
thank Thee for the friendship and the fellowship. Bless the leadership of our leader. Bless 
the staff and these pages. May we be a continued blessing to the people of North CaroHna. 
For Christ's sake. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of Friday, June 6, has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands approved as 
written. 



June 9, 1986 



10 SENATE JOURNAL [Second Session 

The President grants a leave of absence to Senator Kaplan for tonight. 

The President grants courtesies of the floor to William Z. Wood, Superior Court Judge 
for the 21st Judicial District, and former Senator from Forsyth County. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Parnell: 

S. B. 862, a bill to repeal the special fund for the monitoring of the motor vehicle 
inspection program. 

Referred to Appropriations Committee. 

By Senators Thomas of Henderson and Hipps: 

S. B. 863, a bill to appropriate funds to the Brevard Music Center for a cafeteria at the 
CaroUna Pavilion. 
Referred to Appropriations Committee. 

By Senator Ballenger: 

S. B. 864, a bill to appropriate funds to allow the Attorney General to settle a claim 
arising out of a 1978 motor vehicle accident in Catawba County. 
Referred to Judiciary IV Committee. 

By Senator Hunt of Moore: 

S. B. 865, a bill to appropriate funds for home health care for indigents of North 
Carolina. 
Referred to Appropriations Committee. 

By Senator Redman: 

S. B. 866, a bill to provide roads to the future. 
Referred to Appropriations Committee. 

By Senators Winner and Swain: 

S. B. 867, a bill to authorize the Yancey Board of Commissioners to exercise jurisdiction 
over the regulation of domestic animals. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Hardison, Basnight, Goldston, Guy, Harrington, Harris, Rauch, Redman, 
Royall, and Smith: 

S. B. 868, a bill to implement the recommendations of the Liability and Property 
Insurance Markets Study Commission. 
Referred to Judiciary I Committee. 

By Senators Goldston, Rand, and Plyler: 

S. B. 869, a bill to appropriate funds to the Department of Commerce for additional 
advertising and tourism promotion grants. 



June 9, 1986 



1986] SENATE JOURNAL 11 

Referred to Appropriations Committee. 

By Senators Swain and Winner: 

S. B. 870, a bill to appropriate funds to develop a central information sharing network 
for emergency assistance in Buncombe County. 
Referred to Appropriations Committee. 

By Senators Swain and Winner: 

S. B. 871, a bill to appropriate funds for the Opportunity Corporation of Madison and 
Buncombe Counties. 
Referred to Appropriations Committee. 

By Senators Swain and Winner: 

S. B. 872, a bill to provide matching funds to Memorial Mission Hospital in Asheville to 
provide a helicopter service. 

Referred to Appropriations Committee. 

By Senator Johnson of Wake: 

S. B. 873, a bill to make technical changes in the insurance law as recommended by the 
Insurance Regulation Study Commission. 
Referred to Insurance Committee. , 

By Senator Johnson of Wake: 

S. B. 874, a bill to revise the rate and classification plans and rate making for nonfleet 
private passenger motor vehicle insurance as recommended by the Insurance Regulation 
Study Commission. 

Referred to Insurance Committee. 

The President recognizes the following pages serving in the Senate this week: Will 
Anderson, Chapel Hill; Jay Ashendorf, Charlotte; Simmons Covington, Raleigh; Anisa 
Edge, Fayetteville; Hope Edmonston, Maury; Julia Anne Freeman, Asheville; Angela 
Gantt, Charlotte; Mary Jo Harris, Greenville; Mack Haywood, Mt. Gilead; April Dawn, 
Raleigh; Briles Johnson, Raleigh; Melanie Johnson, Raleigh; John Kanipe, Raleigh; Kelly 
McLeod, Raleigh; David Moreland, Raleigh; Bonita Paysour, Charlotte; Khristna 
Paysour, Charlotte; Beth Powell, Gastonia; Taylor Raiford, Greensboro; Greg Shue, 
Raleigh; Will Wofford, Raleigh; Amy Woodard, Raleigh, Renee Woodard, Fremont, and 
Dana Woodhef, Raleigh. 

On motion of Senator Harrington, seconded by Senator Warren, the Senate adjourns to 
meet tomorrow at 1:30 P.M. 



ONE HUNDRED TWENTY-SECOND DAY 

Senate Chamber, 
Tuesday, June 10, 1986. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 



June 10, 1986 



12 SENATE JOURNAL [Second Session 

Prayer is offered by Dr. Samuel D. McMillan, Jr., Senate Chaplain, as follows: 

"0 Lord of the years, with the Psalmist we say, 'This is the day which the Lord hath 
make, let us rejoice and be glad in it.' 

"We rejoice in the blessings which You have showered upon us: -^ 

"For the love and support of our families, 

"For the enjoyment of good health, and 

"For the opportunity to serve in this Chamber, 

"We give Thee thanks, Lord. 

"Guide us in our deliberations and work this day, and give to us a sense of our 
responsibihty to live this day, and every day, lives that bring honor and glory to Your 
Name. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence to Senator Thomas of Craven for today. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Rand: ;- 

S. B. 875, a bill to add the Attorney General to the Courts Commission and to allow the 
Commission to use subcommittees. 
Referred to Judiciary IV Committee. 

By Senator Basnight: ^ 

S. B. 876, a bill to appropriate funds for the David Stick Library. 
Referred to Appropriations Committee. 

By Senators Basnight and Harrington: 

S. B. 877, a bill to appropriate funds for capital improvements by Northeastern North 
Carolina Tomorrow. 
Referred to Appropriations Committee. 

By Senator Thomas of Craven: 

S. B. 878, a bill extending the date by which Craven County may appoint a special board 
of equalization and review. 
Referred to Local Government and Regional Affairs Committee. 

By Senator Johnson of Wake: 

S. B. 879, a bill to make substantive changes in laws regarding insurance taxes and fees 
as recommended by the Insurance Regulation Study Commission. 



June 10, 1986 



1986] SENATE JOURNAL 13 

Referred to Insurance Committee. 

By Senator Johnson of Wake: 

S. B. 880, a bill to appropriate funds to the Department of Insurance for actuarial and 
rate analysis personnel; to revise the rating and classification plans and the ratemaking 
procedure for nonfleet private passenger motor vehicle insurance; to make revisions and 
improvements in the regulation of commercial property and habiUty insurance rates; and 
to require reports from commercial insurers and to authorize the Insurance Commissioner 
to modify rates if statutory changes in civil law affect insurers' experience. 

Referred to Appropriations Committee. 

By Senator Johnson of Wake: 

S. B. 881, a bill to make substantive changes in the insurance law as recommended by 
the Insurance Regulation Study Commission. 
Referred to Insurance Committee. 

By Senators Tally, Barnes, Guy, Harrington, Hipps, Hunt of Moore, Parnell, Rand, 
Speed, Staton, Walker, Ward, Warren, Watt, and Winner: 

S. B. 882, a bill appropriating funds for a Legislative Research Commission study on 
regulation of low-level radioactive waste. 
Referred to Rules and Operation of the Senate Committee. 

By Senator Smith: 

S. B. 883, a bill to amend the Charter of the City of Lexington. 
Referred to Local Government and Regional Affairs Committee. 

By Senator Smith: 

S. B. 884, a bill to limit motorboat noise on High Rock Lake. 

Referred to Natural and Economic Resources and Wildlife Committee. 

By Senators Woodard, Johnson of Wake, Speed, and Staton: 

S. B. 885, a bill to appropriate funds to Arts Together of Wake County. 
Referred to Appropriations Committee. 

By Senators Johnson of Wake, Staton, and Woodard: 

S. B. 886, a bill to appropriate funds to Reentry, Incorporated, for program expansion. 
Referred to Appropriations Committee. 

By Senators Woodard, Johnson of Wake, and Staton: 

S. B. 887, a bill to appropriate funds to the North Carolina Museum of Art for program 
expansion. 
Referred to Appropriations Committee. 

By Senators Woodard, Johnson of Wake, and Staton: 

S. B. 888, a bill to appropriate funds to the North Carolina Symphony for program 
expansion. 
Referred to Appropriations Committee. 



June 10, 1986 



14 SENATE JOURNAL [Second Session 

By Senator Parnell: 

S. B. 889, a bill to permit the City of Lumberton to have five members on the local ABC 
Board. 
Referred to Local Government and Regional Affairs Committee. 

ADDITIONAL ENDORSEMENT 

The following Senator requests to be recorded endorsing a bill previously introduced: 
By Senator Warren: 

S. B. 860, a bill to increase monthly pension benefits and to allow retroactive member- 
ship in the Firemen's and Rescue Squad Workers' Pension Fund. 

On motion of Senator Harrington, duly seconded, the Senate adjourns to meet tomor- 
row, Wednesday, June 11, at 1:30 P.M. 



ONE HUNDRED TWENTY-THIRD DAY 

Senate Chamber, 
Wednesday, June 11, 1986. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by Dr. Samuel D. McMillan, Jr., Senate Chaplain, as follows: 

"0 God of Strength, this short session is just getting under way, and already we are 
weary. Our famihes, our work at home, and our Senate responsibilities place great 
demands upon our time and energy; and already the pressure is mounting from our 
political aUies, the lobbyists, the special interest groups, and our constituents for us to 
vote specific ways on specific bills. 

"We remember the words of the prophet Isaiah, 'They that wait upon the Lord, shall 
renew their strength.' 

"Help us to wait upon Thee, that we might find grace and strength to deal with all the 
pressures of life. 

"Grant us wisdom, that we might know how to deal with sensitive and controversial 
issues in such a way as to serve the best interests of all the people of this great State. 

"And give us courage to vote our convictions. 

"We know that we cannot please everyone, but help us to act in such a loving and caring 
way that we may please You. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence to Senator Johnson of Cabarrus for today. 



June 11, 1986 



1986] SENATE JOURNAL 15 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Harrington for the Rules and Operation of the Senate Committee: 

S. R. 861, a Senate resolution to amend the permanent Rules of the Senate, with a 
favorable report, for adoption. 

On motion of Senator Royall, the rules are suspended and the Senate resolution is 
placed on today's Calendar for consideration. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Ballenger: 

S. B. 890, a bill to appropriate funds to continue restoration and site development of the 
Murray's Mill Complex and the historic Bunker Hill Covered Bridge, both located in 
Catawba County. 

Referred to Appropriations Committee. 

By Senators Walker and Hunt of Moore: 

S. B. 891, a bill to allow Randolph County to establish voting precincts without regard 
to township boundaries. 
Referred to Local Government and Regional Affairs Committee. 

By Senator Winner: 

S. B. 892, a bill to make provisions for filling unexpired terms for superior court judge in 
the same year as full terms, by considering unexpired terms as separate offices for the 
purpose of applying a designated seat rule. 

Referred to Judiciary IV Committee. 

By Senator Winner: 

S. B. 893, a bill to eliminate numbered seats for election of judges of the superior court 
to meet objections under Section 5 of the Voting Rights Act. 
Referred to Judiciary IV Committee. 

By Senators Swain and Winner: 

S. B. 894, a bill to appropriate funds for the Dry Ridge Historical Museum in Weaver- 
ville. 
Referred to Appropriations Committee. 

By Senator McDowell: '^ 

S. B. 895, a bill to prohibit the possession and sale of electric weapons or devices. 
Referred to Judiciary III Committee. 

By Senators Ballenger and Redman: 

June 11, 1986 



16 SENATE JOURNAL [Second Session 

S. B. 896, a bill to allow the levy of a room occupancy and tourism development tax in the 
Cities of Hickory and Conover. 
Referred to Finance Committee. 

By Senator Soles: 

S. B. 897, a bill to provide a supplemental retirement fund for firemen in the City of 
Whiteville and to modify the apphcation of G. S. 118-5, G. S. 118-6, and G. S. 118-7 to the 
City of Whiteville. 

Referred to Pensions and Retirement Committee. 

By Senators Winner and Ward: , " ' , ■ 

S. B. 898, a bill to encourage local boards of education to set the school calendar so that 
the first day students are required to attend classes is after Labor Day. 
Referred to Education Committee. 

By Senators Johnson of Wake, Woodard, and Staton: 

S. B. 899, a bill to appropriate funds to the Frankie Lemmon Memorial School for its 
programs for developmentally disabled children. 

Referred to Appropriations Committee. r 

By Senator Barnes: 

S. B. 900, a bill to appropriate funds to renovate a building at the Greene County Adult 
Education Center. 
Referred to Appropriations Committee. 

By Senators Guy, Staton, Thomas of Henderson, and Winner: 

S. B. 901, a bill making clarifying amendments to the privilege license tax statutes. 
Referred to Finance Committee. 

By Senators Guy, Staton, Thomas of Henderson, and Winner: 

S. B. 902, a bill making advertising agencies liable for sales tax on all items purchased 
by them and excluding items produced by advertising agencies from sales tax, thereby 
ensuring that advertising services are not subject to sales tax. 

Referred to Finance Committee. 

By Senators Guy, Staton, Thomas of Henderson, and Winner: 

S. B. 903, a bill to exempt small partnerships from penalties for failure to file in- 
formational returns when such partnerships qualify for a federal exemption from such 
penalties. 

Referred to Finance Committee. 

By Senators Guy, Staton, Thomas of Henderson, and Winner: 

S. B. 904, a bill to update the reference to the Internal Revenue Code used in 
determining certain taxable income and tax exemptions. 

Referred to Finance Committee. \ 

By Senators Guy, Staton, Thomas of Henderson, and Winner: 



June 11, 1986 



1986] SENATE JOURNAL 17 

S. B. 905, a bill to increase the minimum corporate franchise tax to an amount that 
covers the cost of processing franchise tax returns. 
Referred to Finance Committee. 

By Senators Guy, Staton, Thomas of Henderson, and Winner: 

S. B. 906, a bill providing that retail food estabhshments are not manufacturers for sales 
tax purposes. 
Referred to Finance Committee. 

By Senators Guy, Staton, Thomas of Henderson, and Winner: 

S. B. 907, a bill to provide a sales tax exemption for legal tender and for gold, silver, or 
platinum traded on a commodities exchange. 
Referred to Finance Committee. 

By Senators Martin of Pitt and Ezzell: 

S. B. 908, a bill to authorize the City of Wilson to let public contracts for construction or 
repair work of fifty thousand dollars or less, and for the purchase of apparatus, supplies, 
materials or equipment for twenty thousand dollars or less pursuant informal bids under 
G. S. 143-131. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Martin of Pitt and Ezzell: 

S. B. 909, a bill to authorize the City of Wilson to purchase natural gas by using informal 
bid procedures. 

Referred to Local Goverment and Regional Affairs Committee. 

By Senators Martin of Pitt and Ezzell: 

S. B. 910, a bill to allow Edgecombe, Pitt, and Wilson Counties and municipalities 
located therein to engage in economic development activities. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Conder: 

S. B. 911, a bill to amend the Charter of the City of Hamlet in Richmond County to effect 
the removal of certain lands from the corporate hmits of said municipality. 
Referred to Local Government and Regional Affairs Committee. 

By Senator Basnight: 

S. B. 912, a bill to appropriate funds to the Office of Marine Affairs, Department of 
Administration, for personnel and operating expenses. 
Referred to Natural and Economic Resources and Wildlife Committee. 

By Senators Ezzell and Marvin: 

S. B. 913, a bill to require cities and counties to file copies of home rule charter 
amendments with the Secretary of State and the Legislative Library. 
Referred to Judiciary II Committee. 

By Senators Ezzell and Marvin: 



June 11, 1986 



18 SENATE JOURNAL [Second Session 

S. B. 914, a bill to make the definition of a city the same under the city and county laws, 
and to conform to an Attorney General's opinion as to the eligibility of cities incorporated 
before 1945 for Powell Bill allocations. • ■ - 

Referred to Judiciary II Committee. 

By Senators Ezzell and Marvin: 

S. R. 915, a Senate resolution amending the permanent rules of the Senate to implement 
the Joint Legislative Commission on Municipal Incorporations. 

Senator Ezzell rises to announce his intent to amend the permanent Rules of the Senate 
in accordance with Senate Rule 77. The Chair orders the Senate resolution held as filed 
until tomorrow, June 12. 

By Senator Smith: 

S. B. 916, a bill to give Rowan County animal control officers the power to issue 
citations. 
Referred to Local Government and Regional Affairs Committee. 

By Senator Smith: 

S. B. 917, a bill to clarify the authority of Rowan and Davidson Counties to undertake 
economic development activities. 
Referred to Local Government and Regional Affairs Committee. 

By Senator Redman: 

S. B. 918, a bill to make changes in procedures for levy of the Statesville occupancy tax, 
and to provide for additional uses of the proceeds. 
Referred to Finance Committee. 

By Senator Redman: 

S. B. 919, a bill to amend the Charter of the City of Statesville concerning the 
distribution of liquor profits. 
Referred to Local Government and Regional Affairs Committee. 

By Senators Ezzell and Marvin: 

S. B. 920, a bill to create a Joint Legislative Commission on Municipal Incorporations, 
and to require a recommendation of that Commission before a bill may be introduced in the 
General Assembly to incorporate a new municipality. 

Referred to Rules and Operation of the Senate Committee. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Rauch for the Finance Committee: 

H. B. 953, a bill creating the North Carolina Educational Facilities Finance Agency and 
authorizing said Agency to finance, refinance, construct, provide and acquire and other- 
wise undertake higher educational facihties, with a favorable report. 



June 11, 1986 



1986] SENATE JOURNAL 19 

H. B. 1208, a bill to amend G. S. 159-83 of the State and Local Government Revenue 
Bond Act relating to seaports and airports, with a favorable report. 

H. B. 961, a bill to amend, subject to the approval of the electorate. Article V of the 
Constitution of North Carolina to authorize the issuance of revenue bonds to finance and 
refinance higher education facilities ovraed by nonprofit corporations, with a favorable 
report, as amended. 

By Senator Barnes for the Judiciary I Committee: 

H. B. 647, a bill to authorize Wayne County to pay bounties on beavers, with a favorable 
report. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S. R. 861, a Senate resolution to amend the permanent Rules of the Senate, for 
adoption. 

Senator Rauch offers Amendment No. 1, which is adopted (electronically recorded). 

On motion of Senator Royall, the Senate resolution, as amended, is adopted (electroni- 
cally recorded). 

The text of the Senate resolution is as follows: 

A SENATE RESOLUTION TO AMEND THE PERMANENT RULES OF THE 
SENATE. 

Be it resolved by the Senate: 

Section L A new rule is added to the Permanent Rules of the Senate to be denominated 
Rule 40. 1 entitled "Local Appropriations Bills" to read as follows: 

Rule 40. L Local Appropriations Bills. No bill providing for appropriations from the 
State for local projects may be filed for introduction in the Senate if it deals with more than 
one subject or object. Each bill appropriating money for local projects shall be considered 
separately on its own merits by the appropriate appropriations subcommittee and then by 
the full appropriations committee. 

Sec. 2. Rule 41 of the Permanent Rules of the Senate is hereby rewritten to read as 
follows: 

"Rule 41. Deadlines on Filing for Introduction of Bills and Resolutions, (a) All 
Senate bills prepared to be introduced by departments, agencies or institutions of the 
State must be filed for introduction in the Senate not later than April 16 of the first year of 
the biennial session. All Senate local bills must be filed for introduction in the Senate not 
later than April 16 of the first year of the biennial session. All resolutions, except those 
honoring the memory of deceased persons, must be filed for introduction in the Senate not 
later than April 16 of the first year of the biennial session. A two-thirds (2/3) vote of the 
membership of the Senate shall be required to file for introduction any bill or resolution 
after April 30 of the first year of the biennial session. This rule shall not apply to a bill or 
resolution proposing adjournment or a budget, proposing or ratifying a constitutional 
amendment, calling for a constitutional convention, or to any reconvened session follow- 
ing the adjournment of the first year of the biennial session. 

(b) In order to be eligible for consideration by the Senate during the first regular 
session, all House Bills other than finance bills or appropriations bills, must be received 
and read on the floor of the Senate as a message from the House no later than May 25 of the 
first regular session. 

June 11, 1986 



20 SENATE JOURNAL [Second Session 

(c) No Senate local appropriations bill may be filed for introduction in the Senate 
during the second year of the biennial session unless it is filed for introduction on or before 
June 16 of the second year of the biennial session." 

Sec. 3. A new rule 42.4 is added to the Permanent Rules of the Senate to read as follows: 

"Rule 42.4. Content of Appropriations Bills, (a) No provision changing existing law 

shall be contained in any of the following bills: (1) the Current Operations Appropriations 

Bill; (2) the Capital Improvement Appropriations Bill; (3) any bill generally revising 

appropriations for the second fiscal year of a biennium. 

(b) No amendment to any bill listed in subsection (a) of this rule shall be in order if the 
language is prohibited by that subsection. 

(c) Notwithstanding subsections (a) and (b) of this section, any of the bills hsted in 
subsection (a) of this section or an amendment to such bill may change existing law if the 
change: 

(1) alters expenditures or salaries; 

(2) changes the scope or character of a program which must be reduced, increased, or 
changed because of an increase or decrease of funds appropriated for the program 
or because of changes in federal law or regulation; or 

(3) modifies any function of State government which necessitates a transfer of funds 
from one department to another; 

provided, that for a provision to be in order under this subsection, it must be recom- 
mended to the General Assembly in a written report adopted by the Appropriations 
Committee before or at the same time the bill is reported, or if such provision is contained 
in a floor amendment, the sponsor of the amendment must present to the principal clerk at 
or before the time the amendment is offered an explanation of the amendment for 
distribution to each member of the Senate. 

Sec. 4. Rule 44. 1 of the Permanent Rules of the Senate is amended by deleting "after 
May 15", and substituting "during the first year of the regular session after May 15", and 
is further amended by adding immediately before the period at the end: "; or to bills 
authorized for introduction during the reconvened session under the resolution adjourn- 
ing the session held during the first year of the biennium". 

Sec. 5. This resolution is effective upon adoption. 

REPORT OF SELECT COMMITTEE 

Senator Royall submits an interim report from the Mental Health Study Commission. 
The Senate accepts the report. 

ADDITIONAL ENDORSEMENT 

The following Senator requests to be recorded endorsing a bill previously introduced: 

By Senator Tally: 

S. B. 860, a bill to increase monthly pension benefits and to allow retroactive member- 
ship in the Firemen's and Rescue Squad Workers' Pension Fund. 

On motion of Senator Harrington, seconded by Senator Barnes, the Senate adjourns to 
meet tomorrow at 1:30 P.M. 



June 11, 1986 



1986] SENATE JOURNAL 21 

ONE HUNDRED TWENTY-FOURTH DAY 

Senate Chamber, 
Thursday, June 12, 1986. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan HI, Lieutenant Governor. 

Prayer is offered by Dr. Samuel D. McMillan, Jr., Senate Chaplain, as follows: 

"0 God of Truth, we thank Thee for all those men and women of faith who serve as 
rabbis, priests and pastors in this State. Grant that they may be loving and effective 
shepherds of their flocks. 

"We pray Thy special blessing this day upon those 150 or so United Methodist pastors 
who are moving to new fields of service. Give to them a safe journey, and give to them and 
their congregations — ^joy and fulfillment in their work together. 

"We pray also for the laywomen and laymen who make up the membership of the 
synagogues, parishes, and congregations across this great State. Deliver them from 
indifference, cynicism, and nominal churchmanship. Inspire them to Hve their faith not 
only in their houses of worship; but in all those places where they live, work, and play. 

"Inspire them, and each of us in this Chamber — to Uve a life of commitment, integrity, 
love, compassion, joy and service. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Plyler for the Appropriations Committee: 

S. B. 866, a bill to provide roads to the future, with an unfavorable report as to bill but 
favorable as to Committee Substitute bill. 

On motion of Senator Plyler, the rules are suspended and the Committee Substitute bill 
is placed before the Senate for immediate consideration. 

On motion of Senator Plyer, the Committee Substitute bill is adopted, and on his further 
motion is re-referred to the Finance Committee. 

By Senator Barnes for the Judiciary I Committee: 

H. B. 939, a bill to amend the Nonprofit Corporation Act contained in Chapter 55 A of 
the General Statutes of North CaroUna as recommended by the General Statutes Commis- 
sion, with a favorable report, as amended. 

By Senator Johnson of Wake for the Insurance Committee: 

H. B. 611, a bill to prohibit discrimination in the business of life and accident and health 



June 12, 1986 



22 SENATE JOURNAL [Second Session 

insurance and annuities against persons who are blind or partially blind or deaf or partially 
deaf, with an unfavorable report as to bill, but favorable as to Senate Committee Sub- 
stitute bill. 

On motion of Senator Johnson of Wake, the rules are suspended and the Senate 
Committee Substitute bill, which changes the title to read, H. B. 611 (Senate Committee 
Substitute), a bill to allow licensed direct response writers of life and health insurance to 
transact business without agents licensed by North Carolina, is placed before the Senate 
for immediate consideration. 

On motion of Senator Johnson of Wake, the Senate Committee Substitute bill is 
adopted, and on his further motion is placed on the Calendar for Monday, June 16. 

By Senator Marvin for the Pensions and Retirement Committee: 

S. B. 860, a bill to increase monthly pension benefits and to allow retroactive member- 
ship in the Firemen's and Rescue Squad Workers' Pension Fund, with a favorable report, 
as amended. 

On motion of Senator Marvin, the rules are suspended and the bill is placed before the 
Senate for immediate consideration, and on her further motion. Committee Amendment 
No. 1 is adopted. 

The bill as amended, is ordered engrossed and re-referred to the Appropriations 
Committee. 

By Senator Swain for the Judiciary III Committee: 

H. B. 86 (Committee Substitute), a bill to authorize the court to extend a period of 
probation to allow the defendant to complete payment of restitution or continue treat- 
ment, with a favorable report, as amended. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Ezzell and Marvin: 

S. R. 915, a Senate resolution amending the permanent rules of the Senate to implement 
the Joint Legislative Commission on Municipal Incorporations. 
Referred to Rules and Operation of the Senate Committee. 

By Senators Swain and Winner: 

S. B. 921, a bill to appropriate funds to Western North Carolina Tomorrow for 
operating expenses. 
Referred to Appropriations Committee. 

By Senator Winner: 

S. B. 922, a bill to make provisions for filling unexpired terms for superior court judge in 
the same year as full terms, without applying a designated seat rule except when the 
vacancy occurs so close to the election that it is an administrative necessity. 

Referred to Judiciary IV Committee. 

By Senator Conder: . . : ., 



June 12, 1986 



1986] SENATE JOURNAL 23 

S. B. 923, a bill to clarify the authority of Richmond County to undertake economic 
development activities. 
Referred to Local Government and Regional Affairs Committee. 

By Senators Marvin, Tally, and Ward: 

S. B. 924, a bill to achieve greater consistency and equity in the setting of child support 
obligation amounts through the use of advisory guidehnes. 
Referred to Children and Youth Committee. 

By Senators Marvin, Tally, and Ward: 

S. B. 925, a bill to amend the application fee and cost recovery provisions related to the 
IV-D child support program. 
Referred to Human Resources Committee. 

By Senator Walker: 

S. B. 926, a bill to eliminate the requirement that the City of Asheboro mail zoning 
notices. 
Referred to Local Government and Regional Affairs Committee. 

By Senator Martin of Pitt: 

S. B. 927, a bill to amend the law regarding retirement as it applies to the Wilson 
Industrial Council. 
Referred to Pensions and Retirement Committee. 

By Senators Swain and Winner: 

S. B. 928, a bill to appropriate funds to the Black Mountain Juvenile Evaluation Center 
for landscaping around the chapel. 
Referred to Appropriations Committee. 

By Senator Guy: 

S. B. 929, a bill to appropriate funds to Onslow County for their PEERS Program. 
Referred to Appropriations Committee. 

By Senators Swain and Winner: 

S. B. 930, a bill to raise the compensation of the Buncombe County Board of Education. 
Referred to Local Government and Regional Affairs Committee. 

By Senator Simpson: 

S. B. 931, a bill to clarify the boundary line between the Icard and George Hildebran 
Fire Districts in Burke County. 
Referred to Local Government and Regional Affairs Committee. 

By Senator Guy: 

S. B. 932, a bill to appropriate funds to Onslow Hospice, Incorporated. 
Referred to Appropriations Committee. 

By Senator Harris: 



June 12, 1986 



24 SENATE JOURNAL [Second Session 

S. B. 933, a bill to appropriate funds for Caring for Children, Incorporated, as a 
grant-in-aid to a private child-caring institution. 
Referred to Appropriations Committee. 

By Senator Harris: 

S. J. R. 934, a joint resolution authorizing the 1985 General Assembly, 1986 Session, to 
consider a bill to be entitled an act to make a technical amendment to G. S. 143-215.1. 
Referred to Rules and Operation of the Senate Committee. 

By Senator Taft: 

S. B. 935, a bill to increase the penalty for parking violations that are committed in the 
City of Greenville and are estabhshed by relying on the prima facie rule of evidence. 
Referred to Local Government and Regional Affairs Committee. 

By Senators Guy, Staton, and Winner: 

S. B. 936, a bill to provide that when a trust under a will is administered, no costs are 
assessed on personalty received if the estate of a decedent had already paid costs on the 
personalty. 

Referred to Finance Committee. 

By Senators Rauch, Winner, Redman, and Walker: 

S. B. 937, a bill to strengthen and clarify the law on lobbying. 
Referred to Rules and Operation of the Senate Committee. 

By Senators Smith and Somers: 

S. B. 938, a bill to appropriate funds to the American Children's Home to help restore 
housing facilities. 

Referred to Appropriations Committee. ^ 

By Senators Marvin, Tally, and Ward: 

S. B. 939, a bill to provide for expediting child support cases as required by federal law. 
Referred to Children and Youth Committee. 

By Senator Basnight: 

S. B. 940, a bill to appropriate funds for an assistant county ranger in Currituck County. 
Referred to Appropriations Committee. > 

By Senator Basnight: 

S. B. 941, a bill to permit the County of Currituck to regulate motor vehicles operation 
on public beaches. 
Referred to Local Government and Regional Affairs Committee. 

By Senator Basnight: 

S. B. 942, a bill to clarify the emergency medical technician certification process in 
Currituck County. 
Referred to Local Government and Regional Affairs Committee. 

By Senator Taft: 



June 12, 1986 



1986] SENATE JOURNAL 25 

S. B. 943, a bill to allow Pitt County and municipalities located therein to engage in 
economic development activities. 
Referred to Local Government and Regional Affairs Committee. 

By Senator Thomas of Craven: 

S. B. 944, a bill to permit the City of New Bern to collect an attorney fee incurred as part 
of orders for demolition of unfit dwellings. 
Referred to Local Government and Regional Affairs Committee. 

By Senator Ezzell: 

S. B. 945, a bill to authorize Nash County to levy a room occupancy and tourism 
development tax. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Thomas of Henderson and Hipps: 

S. B. 946, a bill to appropriate funds for capital construction at Blue Ridge Technical 
College. 
Referred to Appropriations Committee. 

By Senators Thomas of Henderson and Hipps: 

S. B. 947, a bill to appropriate funds to the Department of Community Colleges for a 
library at the Henderson County campus of Blue Ridge Technical College. 
Referred to Appropriations Committee. 

By Senators Hipps and Thomas of Henderson: 

S. B. 948, a bill authorizing several of the western counties to levy a room occupancy and 
tourism development tax. 

Referred to Local and Government and Regional Affairs Committee. 

By Senators Hipps and Thomas of Henderson: 

S. B. 949, a bill to authorize Swain County to levy a room occupancy and tourism 
development tax. 
Referred to Local Government and Regional Affairs Committee. 

By Senators Hipps and Thomas of Henderson: 

S. B. 950, a bill to authorize Haywood County to adopt "pre-development ordinances." 
Referred to Local Government and Regional Affairs Committee. 

By Senators Hipps and Thomas of Henderson: 

S. B. 951, a bill to authorize Transylvania County to adopt "pre-development ordi- 
nances." 
Referred to Local Government and Regional Affairs Committee. 

By Senators Ward and Kaplan: 

S. B. 952, a bill authorizing Forsyth County to levy an additional one percent room 
occupancy and tourism development tax. 
Referred to Local Government and Regional Affairs Committee. 



June 12, 1986 



26 SENATE JOURNAL [Second Session 

By Senator Soles: 

S. J. R. 953, a joint resolution honoring the life and memory of Sankey Wright 
Robinson. 

Pursuant to Resolution 34, the Chair orders the joint resolution held as filed for an 
enabling resolution. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H. B. 1487, a bill to merge the Pitt County and Greenville City School Administrative 
Units. 
Referred to Local Government and Regional Affairs Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

H. B. 647, a bill to authorize Wayne County to pay bounties on beavers. 

On motion of Senator Barnes, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (electronically recorded) and third readings and 
is ordered sent to the House of Representatives for concurrence in Senate Amendment 
No. 1. 

H. B. 953, a bill creating the North Carolina Educational Facilities Finance Agency and 
authorizing said Agency to finance, refinance, construct, provide and acquire and other- 
wise undertake higher educational facilities, upon second reading. 

Without objection. Senator McDowell is excused from voting for the following reason: 
"Conflict of interest." 

The bill passes its second reading by roll-call vote, ayes 46, noes 1, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Conder, Ezzell, 
Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, 
Johnson of Cabarrus, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, 
McDuffie, Parnell, Plyler, Price, Rand, Ranch, Redman, Royall, Sawyer, Shaw, Simp- 
son, Smith, Soles, Somers, Speed, Staton, Swain, Taft, Tally, Thomas of Henderson, 
Walker, Ward, Warren, Watt, Williams, Winner, and Woodard — 46. 

Voting in the negative: Senator Cobb — 1. 

The bill remains on the Calendar for further consideration upon third reading. 

H. B. 961, a bill to amend, subject to the approval of the electorate, Article V of the 
Constitution of North CaroUna to authorize the issuance of revenue bonds to finance and 
refinance higher education facilities owned by nonprofit corporations, upon second read- 
ing. 

On motion of Senator Rauch, Committee Amendment No. 1. is adopted. 

Without objection. Senator McDowell is excused from voting for the following reason: 
"Conflict of interest." 

The bill, as amended, passes its second reading by roll-call vote, ayes 46, noes 1, as 
follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Conder, Goldston, 
Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 



June 12, 1986 



1986] ' SENATE JOURNAL 27 

Cabarrus, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, 
Plyler, Price, Rand, Rauch, Redman, Royall, Sawyer, Shaw, Simpson, Smith, Soles, 
Somers, Speed, Staton, Swain, Taft, Tally, Thomas of Craven, Thomas of Henderson, 
Walker, Ward, Warren, Watt, Williams, Winner, and Woodard — 46. 

Voting in the negative: Senator Cobb — 1. 

The Chair rules Committee Amendment No. 1 is a material amendment, constituting 
the first reading of the bill. 

Senator Rauch moves that the vote by which the bill, as amended, passed its second 
reading be reconsidered, which motion prevails (electronically recorded). 

The bill, as amended, remains on the calendar for further consideration upon second 
reading. 

H. B. 1208, a bill to amend G. S. 159-83 of the State and Local Government Revenue 
Bond Act relating to seaports and airports, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 47, noes 0, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Cobb, Conder, Gold- 
ston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, 
Johnson of Cabarrus, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, 
McDowell, McDuffie, Parnell, Plyler, Price, Rand, Rauch, Redman, Royall, Sawyer, 
Shaw, Simpson, Smith, Soles, Somers, Speed, Staton, Swain, Taft, Tally, Thomas of 
Craven, Thomas of Henderson, Walker, Ward, Warren, Watt, Williams, and 
Winner — 47. 

Voting in the negative: None. 

The bill remains on the calendar for further consideration upon third reading. 

On motion of Senator Harrington, seconded by Senator Walker, the Senate adjourns to 
meet tomorrow, June 13, at 10:00 A.M. 



ONE HUNDRED TWENTY-FIFTH DAY 

Senate Chamber, 
Friday, June 13, 1986. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by Dr. Samuel D. McMillan, Jr., Senate Chaplain, as follows: 

"0 God of all humankind, deliver us from the sin of thinking that our idea or the position 
of our political party is the only correct one; and like Lincoln, let us pray — not that God is 
on our side, but that we are on God's side. 

"The press delights in playing up the differences between the Governor and the 
Legislature, and we must confess that we all love to see our statements quoted in the 
press; that we all jockey for position on key issues; and that we all try to convince everyone 
that our position is the 'gospel' while our opponent's position is misguided. 

"The battle lines are drawn for debate on crucial issues like the budget, the highway 
fund, liability insurance, and education; and the battle could rage on for weeks unless we 



June 13, 1986 



28 SENATE JOURNAL [Second Session 

are willing to work together toward a consensus that will serve the best interest of all the 
people of our State. 

"We recall the words of the Lord, 'Come let us reason together.' DeUver us from 
stubbornness, and inspire us to reason together. Save us from arguing like little children; 
and give us the maturity to work out our differences. Save us from hasty decisions but 
deliver us from endless debate and speech-making; and help us to move with all deliberate 
speed in resolving the issues that are before us — so that this may indeed be a short 
session of the General Assembly, and not a protracted revival in which we keep singing 
one more stanza of the invitational hymn, as we try to win everyone over to our version of 
the 'gospel.' Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence to Senators Guy, Royall, and Soles for today. 
A leave of absence is granted to Senator Winner for Monday, June 16, to represent a 
client at a pre-scheduled court hearing. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Guy: 

S. R. 954, a Senate resolution memorializing Congress to Umit the use of condemnation 
to expand Camp Lejeune. 
Referred to Rules and Operation of the Senate Committee. 

By Senator Plyler: 

S. B. 955, a bill to appropriate funds to the County of Stanly for improvements to the 
I. W. Snuggs House to create a climatically controlled environment to preserve historical 
artifacts. 

Referred to Appropriations Committee. 

By Senator Basnight: 

S. B. 956, a bill to allow the Chowan Interstate Commission to use in the 1986-87 fiscal 
year unexpended funds from the 1985-86 fiscal year. 
Referred to Appropriations Committee. 

By Senators Swain and Winner: 

S. B. 957, a bill to provide funds for the EHada Home for Children. 
Referred to Appropriations Committee. 

By Senator Kincaid: , 

S. B. 958, a bill to appropriate funds to the Department of Human Resources to provide 
replacement funds to the Avery County ADAP program for transporting clients of their 
program. 



June 13, 1986 



1986] SENATE JOURNAL 29 

Referred to Appropriations Committee. 

By Senator Harrington: 

S. B. 959, a bill to appropriate funds for the North Central Elderly Housing Project. 
Referred to Appropriations Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H. J. R. 1442, a joint resolution authorizing the 1985 General Assembly, 1986 Session, 
to consider a bill to be entitled an act to grant general law power of eminent domain to 
county water and sewer districts. 

Referred to Rules and Operation of the Senate Committee. 

H. B. 1443, a bill to abolish the offices of treasurer and constable in the Town of Pantego 
at the end of their current term of office. 
Referred to Local Government and Regional Affairs Committee. 

H. J. R. 1462, a joint resolution authorizing the 1985 General Assembly, 1986 Session, 
to consider "a bill to be entitled an act to clarify the authority to transfer rights in hospital 
facilities to an AHEC program." 

Referred to Rules and Operation of the Senate Committee. 

H. J. R. 1529, a joint resolution authorizing the 1985 General Assembly, 1986 Session, 
to consider "a bill to be entitled act to amend the employment security law in compUance 
with federal law regarding federal-state extended unemployment compensation." 

Referred to Rules and Operation of the Senate Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

H. B. 953, a bill creating the North Carolina Educational Facilities Finance Agency and 
authorizing said Agency to finance, refinance, construct, provide and acquire and other- 
wise undertake higher educational facilities, upon third reading. 

Without objection. Senator McDowell is excused from voting for the following reason: 
"Conflict of interest." 

The bill passes its third reading by roll-call vote, ayes 40, noes 0, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Cobb, Conder, Ezzell, 
Goldston, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, John- 
son of Cabarrus, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, Parnell, 
Plyler, Price, Rand, Rauch, Redman, Shaw, Simpson, Smith, Speed, Staton, Taft, Tally, 
Thomas of Craven, Thomas of Henderson, Ward, Warren, Watt, WilUams, Winner, and 
Woodard — 40. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H. B. 1208, a bill to amend G. S. 159-83 of the State and Local Government Revenue 
Bond Act relating to seaports and airports, upon third reading. 



June 13, 1986 



30 SENATE JOURNAL [Second Session 

The bill passes its third reading by roll-call vote, ayes 43, noes 0, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Cobb, Conder, Ezzell, 
Goldston, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, John- 
son of Cabarrus, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDowell, 
Parnell, Plyler, Price, Rand, Rauch, Redman, Sawyer, Shaw, Simpson, Smith, Speed, 
Staton, Swain, Taft, Tally, Thomas of Craven, Thomas of Henderson, Ward, Warren, 
Watt, WiUiams, Winner, and Woodard — 43. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H. B. 961, a bill to amend, subject to the approval of the electorate. Article V of the 
Constitution of North Carolina to authorize the issuance of revenue bonds to finance and 
refinance higher education facilities owned by nonprofit corporations, as amended, upon 
second reading. 

Without objection. Senator McDowell is excused from voting for the following reason: 
"Conflict of interest." 

Receiving a three-fifths affirmative majority vote, the bill, as amended, passes its 
second reading by roll-call vote, ayes 42, noes 0, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Cobb, Conder, Ezzell, 
Goldston, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, John- 
son of Cabarrus, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, Parnell, 
Plyler, Price, Rand, Rauch, Redman, Sawyer, Shaw, Simpson, Smith, Speed, Staton, 
Swain, Taft, Tally, Thomas of Craven, Thomas of Henderson, Ward, Warren, Watt, 
Williams, Winner, and Woodard — 42. 

Voting in the negative: None. 

The bill, as amended, remains on the Calendar for further consideration, upon third 
reading. 

H. B. 86 (Committee Substitute), a bill to authorize the court to extend a period of 
probation to allow the defendant to complete payment of restitution or continue treat- 
ment. 

On motion of Senator Swain, the Committee Substitute bill is recommitted to the 
Judiciary III Committee. 

H. B. 939, a bill to amend the Nonprofit Corporation Act contained in Chapter 55A of 
the General Statutes of North Carolina as recommended by the General Statutes Commis- 
sion. 

On motion of Senator Barnes, the bill is recommitted to the Judiciary I Committee. 

WITHDRAWAL FROM COMMITTEE 

H. B. 1487, a bill to merge the Pitt County and Greenville City School Administrative 
Units. 

On motion of Senator Ezzell, the rules are suspended and the bill is taken from the 
Local Government and Regional Affairs Committee, and is placed before the Senate 
for immediate consideration. 

Without objection, Senator Watt is excused from voting for the following reason: 
"Possible conflict of interest." 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 



June 13, 1986 



1986] SENATE JOURNAL 31 

On motion of Senator Harrington, seconded by Senator Rand, the Senate adjourns to 
meet Monday, June 16, at 8:00 P.M. 



ONE HUNDRED TWENTY-SIXTH DAY 

Senate Chamber, 
Monday, June 16, 1986. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by the Reverend R. Keith Glover, Associate Minister, White 
Plains United Methodist Church, Cary, as follows: 

"Eternal God, our Heavenly Father, Thou Who are the Creator, Preserver and Re- 
deemer of all life, we give You thanks and praise for this day with all its opportunities and 
blessings. We invoke Your Presence in this session of the Senate of the State of North 
Carolina, and pray that you will be very near to each member to guide and strengthen 
them in the tasks set before them this day. 

"Stand by us. Lord, when the storms of debate and controversy are raging, when the 
world seems to toss us about like a ship on the sea. Thou Who rules over wind and water, 
stand by us to illumine and strengthen us. 

"Stand by us. Lord, when we've done the best we can, and our friends misunderstand. 
Thou Who knows all about us, stand by us to illumine and strengthen us. 

"Endow us with right understanding, pure purposes, and sound speech. Enable us to 
rise above self-seeking to the nobler concerns of public good and human brotherhood. 

"And above all, help us to remember who You are, and who we are — a people under 
God entrusted with the privilege and responsibility of pursuing life, liberty, and justice for 
all. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of Friday has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

A leave of absence granted previously to Senator Winner is noted. 

On motion of Senator Johnson of Cabarrus, the President extends courtesies of the 
gallery to the Honorable Henry E. Frye, Justice of the Supreme Court of North Carolina, 
and former Senator from Guilford County. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H. B. 953, an act creating the North Carolina Educational Facilities Finance Agency 
and authorizing said Agency to finance, refinance, construct, provide and acquire and 
otherwise undertake higher educational facilities. (Ch. 794) 



June 16, 1986 



32 SENATE JOURNAL [Second Session 

H. B. 1208, an act to amend G. S. 159-83 of the State and Local Government Revenue 
Bond Act relating to seaports and airports. (Ch. 795) 

H. B. 1487, an act to merge the Pitt County and Greenville City School Administrative 
Units. (Ch. 796) 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Hunt of Moore: . 

S. B. 960, a bill to provide funds to construct a developmental center for handicapped 
children for the Moore County Children's Center. 
Referred to Appropriations Committee. 

By Senators Swain and Winner: / , ' 

S. B. 961, a bill to appropriate funds for the Asheville Symphony Guild's annual Pops 
Concert. 
Referred to Appropriations Committee. ..:■'.- 

By Senator Marvin: . , . y'' 

S. B. 962, a bill to increase the retirement formula for active and retired members of the 
Teachers' and State Employees' Retirement System. 
Referred to Pensions and Retirement Committee. 

By Senator Harrington: 

S. B. 963, a bill to appropriate funds to the Halifax Emergency Medical Services 
Authority. 
Referred to Appropriations Committee. 

By Senator Harrington: 

S. B. 964, a bill to appropriate funds for the Halifax County 4-H and Youth Day Camp, 
Referred to Appropriations Committee. 

By Senators Ward and Kaplan: 

S. B. 965, a bill to appropriate funds for the support of the North Carolina Dance 
Theater. 

Referred to Appropriations Committee. ' , 

By Senator Hardison: 

S. B. 966, a bill to provide funds to the Black Artists' Guild, Incorporated, to provide 
funds to support its programs. 

Referred to Appropriations Committee. 

By Senators Johnson of Wake, Woodard, and Staton: 

S. B. 967, a bill to appropriate funds to the Tammy Lynn Center. 
Referred to Appropriations Committee. 



June 16, 1986 



1986] SENATE JOURNAL 33 

By Senators Staton, Johnson of Wake and Woodard: 

S. B. 968, a bill to appropriate funds to the Lee County Board of Education for a film and 
video library. 
Referred to Appropriations Committee. 

By Senators Staton, Johnson of Wake, and Woodard: 

S. B. 969, a bill to appropriate funds to the Temple Theatre in Sanford. 
Referred to Appropriations Committee. 

By Senators Staton, Johnson of Wake, and Woodard: 

S. B. 970, a bill to appropriate funds to the t.l.c. Home Incorporated, for health care for 
mentally ill children. 
Referred to Appropriations Committee. 

By Senators Staton, Johnson of Wake, and Woodard: 

S. B. 971, a bill to appropriate funds to the Town of Broadway for park development. 
Referred to Appropriations Committee. 

By Senators Staton, Johnson of Wake, and Woodard: 

S. B. 972, a bill to appropriate funds to the Downtown Sanford Revitalization Corpo- 
ration. 
Referred to Appropriations Committee. 

By Senators Staton, Johnson of Wake, and Woodard: 

S. B. 973, a bill to appropriate funds to the General Wilham C. Lee Memorial Commis- 
sion for the General Lee Museum. 
Referred to Appropriations Committee. 

By Senators Staton, Woodard, and Johnson of Wake: 

S. B. 974, a bill to appropriate funds to the Town of Angier for the senior citizens center 
at the Angier Depot. 
Referred to Appropriations Committee. 

By Senator Thomas of Craven: 

S. B. 975, a bill to appropriate funds for a West Craven High School Athletic Field 
House. 
Referred to Appropriations Committee. 

By Senators Staton, Johnson of Wake, and Woodard: 

S. B. 976, a bill to appropriate funds for improvements to a city park in Lemon Springs. 
Referred to Appropriations Committee. 

By Senator Hunt of Durham: 

S. B. 977, a bill to appropriate funds for the Granville County Senior Citizens Program. 
Referred to Appropriations Committee. 



June 16, 1986 



34 SENATE JOURNAL [Second Session 

By Senators Rauch, Harris and Marvin: 

S. B. 978, a bill to appropriate funds for the construction of facilities for the Cleveland 
County Mental Health, Mental Retardation, and Substance Abuse Services Center. 
Referred to Appropriations Committee. 

By Senator Rauch: 

S. B. 979, a bill to appropriate funds for the preservation of the North Carolina Land 
Grant Records. 
Referred to Appropriations Committee. 

By Senators Redman and Ballenger: 

S. B. 980, a bill to appropriate funds for property for an Alexander raw water storage 
reservoir. 
Referred to Appropriations Committee. 

By Senators Winner and Swain: 

S. B. 981, a bill to appropriate funds for the Big Ivy Historical Complex in Dillingham. 
Referred to Appropriations Committee. 

By Senators Marvin, Rauch, and Harris: 

S. B. 982, a bill to appropriate funds for capital and operating expenses of the Schiele 
Museum of Natural History in Gastonia. 
Referred to Appropriations Committee. 

By Senators Marvin, Harris, and Rauch: 

S. B. 983, a bill to appropriate funds for a cultural and physical center in Lincoln 
County. 
Referred to Appropriations Committee. 

By Senators Marvin, Harris, and Rauch: 

S. B. 984, a bill to provide funds to the Cleveland County Historical Association. 
Referred to Appropriations Committee. 

By Senators Conder and Plyler: 

S. B. 985, a bill to impose an excise tax on controlled substances. 
Referred to Judiciary IV Committee. 

By Senators Warren, Rand, and Plyler: 

S. B. 986, a bill to appropriate funds to the Town of Pine Level for trash disposal 
equipment. 

Referred to Appropriations Committee. 

By Senators Warren, Rand, and Plyler: 

S. B. 987, a bill to provide funds for the Ivanhoe Community Building in Sampson 
County. 

Referred to Appropriations Committee. 



June 16, 1986 



1986] SENATE JOURNAL 35 

By Senators Warren, Rand, and Plyler: 

S. B. 988, a bill to provide funds for Sampson Technical College. 
Referred to Appropriations Committee. 

By Senators Warren, Rand, and Plyler: 

S. B. 989, a bill to appropriate funds for the Tobacco Museum of North Carolina. 
Referred to Appropriations Committee. 

By Senators Warren, Rand, and Plyer: 

S. B. 990, a bill to appropriate funds for a new building for the Johnson County 
Industries Community Living Skills Program. 
Referred to Appropriations Committee. 

By Senator Barnes: 

S. B. 991, a bill to appropriate funds to construct an office complex in Wayne County for 
the North Carolina Forestry Service. 
Referred to Appropriations Committee. 

By Senator Barnes: 

S. J. R. 992, a joint resolution authorizing the 1985 General Assembly, 1986 Session, to 
consider a bill to be entitled an act to make technical and conforming amendments to the 
Administrative Procedure Act. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Watt: 

S. B. 993, a bill to authorize an arbitration program in the Twenty-Sixth Judicial 
District. 
Referred to Judiciary I Committee. 

By Senators Hardison and Barnes: 

S. B. 994, a bill to create the North Carohna Grape Growers Board. 
Referred to Appropriations Committee. 

By Senator Williams: 

S. R. 995, a Senate resolution honoring the heroic efforts of all of the individuals and 
organizations that fought the forest fire in Onslow and Pender Counties during May 1986. 
Referred to Rules and Operation of the Senate Committee. 

By Senators Marvin, Harris, and Rauch: 

S. B. 996, a bill to appropriate funds for the Gaston County Battered Spouse Program. 
Referred to Appropriations Committee. 

By Senator Plyler: 

S. B. 997, a bill to appropriate funds to the Department of Human Resources to 
supplement the preventive dental health program. 
Referred to Appropriations Committee. 



June 16, 1986 



36 SENATE JOURNAL [Second Session 

By Senator Ward: 

S. B. 998, a bill to appropriate funds for a community network of mental health services 
for children. 
Referred to Appropriations Committee. 

By Senator Harrington: 

S. B. 999, a bill to appropriate funds for the Littleton Civic and Senior Citizens' Club 
Community Center. 
Referred to Appropriations Committee. 

By Senator Harrington: 

S. B. 1000, a bill to appropriate funds for the Dr. Calvin Scott Brown Regional Cultural 
Center to serve all of the citizens of the Roanoke-Chowan area of Northeastern North 
Carolina. 

Referred to Appropriations Committee. 

By Senator Harrington: 

S. B. 1001, a bill to provide funds to the Northampton County Museum for historic 
preservation and interpretive programs. 
Referred to Appropriations Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

S. B. 642 (Committee Substitute), a bill to amend the provisions of Chapter 64 of the 
General Statutes concerning the right of nonresident aliens to inherit property located in 
North Carolina, for concurrence in House Amendment No. 1, which is placed on the 
Calendar for tomorrow, June 17. 

H. B. 1444, a bill to clarify the authority of Halifax County to undertake economic 
development activities. 

Referred to Local Government and Regional Affairs Committee. 

H. B. 1445, a bill to give retailers and users who remit sales and use taxes on a 
semimonthly basis more time to file the second of their semimonthly reports, and to give 
the Secretary of Revenue the authority to authorize these retailers and users to file an 
estimated return for the first semimonthly reporting period. 

Referred to Finance Committee. 

H. B. 1447, a bill to provide motion picture Hcense tax exemption for nonprofit centers 
for the performing and visual arts. 
Referred to Finance Committee. 

H. B. 1449, a bill to eliminate the requirement that an officer of a corporation sign an 
estimated income tax return filed by the corporation. 
Referred to Finance Committee. 

H. B. 1451, a bill clarifying when a gift tax return must be filed. 
Referred to Finance Committee. 



June 16, 1986 



1986] SENATE JOURNAL 37 

H. B. 1461, a bill to revise and consolidate the Charter of the Town of Edenton. 
Referred to Local Government and Regional Affairs Committee. 

H. B. 1466, a bill to adjust minimum tax liability required to trigger payments of 
individual income tax, thereby reflecting a comparable percentage increase made under 
the Internal Revenue Code. 

Referred to Finance Committee. 

H. B. 1467, a bill to adjust the inheritance tax filing threshold in accordance with 
increases in the Class A Inheritance Tax Credit, and to make conforming changes to 
inheritance tax statutes necessitated by excluding transfers to the surviving spouse from 
tax. 

Referred to Finance Committee. 

H. B. 1471, a bill to correct the corporate boundaries of the Town of Madison. 
Referred to Local Government and Regional Affairs Committee. 

H. B. 1472, a bill to provide for the use of all property tax collection methods in the 
collection of special assessments in the County of Rockingham. 
Referred to Local Government and Regional Affairs Committee. 

H. B. 1489, a bill to provide for enforcement of building and other codes by the County of 
Craven as to property of the New Bern-Craven County Board of Education rather than by 
cities in that County. 

Referred to Local Government and Regional Affairs Committee. 

H. B. 1488, a bill to allow towns in Johnston County to exercise extraterritorial 
planning powers within Johnston County within two miles of the corporate limits with the 
approval of the Johnston County Board of Commissioners. 

Referred to Local Government and Regional Affairs Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

H. B. 961, a bill to amend, subject to the approval of the electorate, Article V of the 
Constitution of North Carohna to authorize the issuance of revenue bonds to finance and 
refinance higher education facilities owned by nonprofit corporations, as amended, upon 
third reading. 

Without objection, Senator McDowell is excused from voting for the following reason: 
"Conflict of interest." 

The bill, as amended, passes its third reading by roll-call vote, ayes 42, noes 0, as 
follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Cobb, Conder, Ezzell, 
Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, McDuffie, Parnell, Plyler, 
Price, Rand, Rauch, Redman, Royall, Sawyer, Shaw, Smith, Soles, Somers, Speed, 
Staton, Swain, Taft, Tally, Thomas of Craven, Thomas of Henderson, Walker, Ward, 
Watt, and WiUiams — 42. 

Voting in the negative: None. 

The bill, as amended, is ordered sent to the House of Representatives for concurrence in 
Senate Amendment No. 1. 



June 16, 1986 



38 SENATE JOURNAL [Second Session 

H. B. 611 (Senate Committee Substitute), a bill to allow licensed direct response 
writers of life and health insurance to transact business without agents licensed by North 
Carolina. 

The Senate Committee Substitute bill passes its second (electronically recorded) and 
third readings and is ordered sent to the House of Representatives for concurrence in the 
Senate Committee Substitute bill. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Johnson of Wake for the Insurance Committee: 

S. B. 873, a bill to make technical changes in the insurance law as recommended by the 
Insurance Regulation Study Commission, with an unfavorable report as to bill, but 
favorable as to Committee Substitute bill. 

On motion of Senator Johnson of Wake, the rules are suspended and the Committee 
Substitute bill is placed before the Senate for immediate consideration. 

On motion of Senator Johnson of Wake, the Committee Substitute bill is adopted, and 
on his further motion is placed on the Calendar for Wednesday, June 18. 

The President recognizes the following pages serving in the Senate this week: Thomas 
Archie, Raleigh; Beverly Blake, Troy; John Brinkley, New Bern; Jospeh Brown III, 
Elkin; Chad Burns, Raleigh; William Carroll II, Greenville; B. C. Cone, Greensboro; John 
Dyer, Wilkesboro; Erika Gantt, Charlotte; Anne Wood Gentling, Asheville; Donna Lynn 
Gregg, Lexington; Timothy Ray Hall, Garner; Twanna Harvey, Gates; David Henson, 
Frankhn; Derek Holland, Raleigh; Billy Klesiewecz, Benson; Mary Kristen Lanier, 
Greenville; Rodney Morrow, Durham; Sarah Preston, Raleigh; Craven Rand, Fayette- 
ville; Patrick Rothwell, Chapel Hill; Stacie Lea Self, Cherryville; Thomas Spence, 
Raleigh; Brynn Thomas, Vanceboro; David Ward, Robersonville; Jason Watt, Charlotte; 
and Curtis White, Kill Devil Hills. 

On motion of Senator Harrington, seconded by Senator Soles, the Senate adjourns to 
meet tomorrow, June 17, at 1:30 P.M. 



ONE HUNDRED TWENTY-SEVENTH DAY 

Senate Chamber, 
. Tuesday, June 17, 1986. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by Dr. Samuel D. McMillan, Jr., Senate Chaplain, as follows: 

"0 God of Love, we thank Thee for all those whose love and labors make it possible for us 
to achieve our goals in this Chamber. 



June 17, 1986 



1986] SENATE JOURNAL 39 

"For our secretaries who help us keep in touch with our constituents; 

"For the Principal Clerk and her staff, who enable us to process our bills; 

"For the Sergeant-at-Arms and her staff who maintain order here and in the committee 
meetings; 

"For the Pages and the cheerful way in which they perform their tasks; 

"And for our families who support and encourage us through thick and thin; 

"We give Thee thanks, Lord. Amen," 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence to Senator Thomas of Craven for today. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Ezzell for the Local Government and Regional Affairs Committee: 

S. B. 878, a bill extending the date by which Craven County may appoint a special board 
of equalization and review, with a favorable report. 

S. B. 883, a bill to amend the Charter of the City of Lexington, with a favorable report. 

S. B. 889, a bill to permit the City of Lumberton to have five members on the local ABC 
Board, with a favorable report. 

S. B. 891, a bill to allow Randolph County to establish voting precincts without regard 
to township boundaries, with a favorable report. 

S. B. 908, a bill to authorize the City of Wilson to let public contracts for construction or 
repair work of fifty thousand dollars or less, and for the purchase of apparatus, supphes, 
materials or equipment for twenty thousand dollars or less pursuant to informal bids 
under G. S. 143-131, with a favorable report. 

S. B. 911, a bill to amend the Charter of the City of Hamlet in Richmond County to effect 
the removal of certain lands from the corporate Hmits of said municipality, with a 
favorable report. 

S. B. 916, a bill to give Rowan County animal control officers the power to issue 
citations, with a favorable report. 

S. B. 917, a bill to clarify the authority of Rowan and Davidson Counties to undertake 
economic development activities, with a favorable report. 

S. B. 919, a bill to amend the Charter of the City of States ville concerning the 
distribution of liquor profits, with a favorable report. 



June 17, 1986 



40 SENATE JOURNAL [Second Session 

S. B. 923, a bill to clarify the authority of Richmond County to undertake economic 
development activities, with a favorable report. 

S. B. 930, a bill to raise the compensation of the Buncombe County Board of Education, 
with a favorable report. 

S. B. 931, a bill to clarify the boundary line between the Icard and George Hildebran 
Fire Districts in Burke County, with a favorable report. 

S. B. 935, a bill to increase the penalty for parking violations that are committed in the 
City of Greenville and are estabhshed by relying on the prima facie rule of evidence, with a 
favorable report. 

S. B. 941, a bill to permit the County of Currituck to regulate motor vehicles operation 
on public beaches, with a favorable report. 

S. B. 942, a bill to clarify the emergency medical technician certification process in 
Currituck County, with a favorable report. 

S. B. 944, a bill to permit the City of New Bern to collect an attorney fee incurred as part 
of orders for demolition of unfit dwellings, with a favorable report. 

S. B. 948, a bill authorizing several of the western counties to levy a room occupancy and 
tourism development tax, with a favorable report. 

On motion of Senator Ezzell, the bill is re-referred to the Finance Committee. 

S. B. 950, a bill to authorize Haywood County to adopt "pre-development ordinances," 
with a favorable report. 

S. B. 951, a bill to authorize Transylvania County to adopt "pre-development ordi- 
nances," with a favorable report. 

S. B. 952, a bill authorizing Forsyth County to levy an additional one percent room 
occupancy and tourism development tax, with a favorable report. 
On motion of Senator Ezzell, the bill is re-referred to the Finance Committee. 

S. B. 909, a bill to authorize the City of Wilson to purchase natural gas by using informal 
bid procedures, with a favorable report, as amended. 

S. B. 910, a bill to allow Edgecombe, Pitt, and Wilson Counties and municipalities 
located therein to engage in economic development activities, with a favorable report, as 
amended. 

S. B. 943, a bill to allow Pitt County and municipalities located therein to engage in 
economic development activities, with a favorable report, as amended. 

S. B. 945, a bill to authorize Nash County to levy a room occupancy and tourism 
development tax, with a favorable report, as amended. 

On motion of Senator Ezzell, the rules are suspended and the bill is placed before the 
Senate for immediate consideration, and on his further motion, Committee Amendment 
No. 1 is adopted. 

The bill, as amended, is ordered engrossed and re-referred to the Finance Committee. 

S. B. 949, a bill to authorize Swain County to levy a room occupancy and tourism 
development tax, with a favorable report, as amended. 



June 17, 1986 



1986] SENATE JOURNAL 41 

On motion of Senator Ezzell, the rules are suspended and the bill is placed before the 
Senate for immediate consideration, and on his further motion, Committee Amendment 
No. 1. is adopted. 

The bill, as amended, is ordered engrossed and re-referred to the Finance Committee. 

By Senator Staton for the Judiciary II Committee. 

H. B. 377, a bill to be known as The North Carolina Condominium Act recommended by 
the General Statutes Commission, with an unfavorable report as to bill, but favorable 
report as to Senate Committee Substitute bill. 

On motion of Senator Staton, the rules are suspended and the Senate Committee 
Substitute bill is placed before the Senate for immediate consideration. 

On motion of Senator Staton, the Senate Committee Substitute bill is adopted, and on 
his further motion is placed on the Calendar for Thursday, June 19. 

By Senator Johnson of Wake for the Insurance Committee. 

S. B. 879, a bill to make substantive changes in laws regarding insurance taxes and fees 
as recommended by the Insurance Regulation Study Commission, with an unfavorable 
report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Johnson of Wake, the rules are suspended and the Committee 
Substitute bill is placed before the Senate for immediate consideration. 

On motion of Senator Johnson of Wake, the Committee Substitute bill is adopted, and 
on his further motion is re-referred to the Finance Committee. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Martin of Guilford and Hunt of Moore: 

S. B. 1002, a bill to authorize the Legislative Research Commission to study campaign- 
ing and election procedures so as to increase the likelihood that candidates and issues will 
be supported or opposed based on their merits. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Martin of Guilford: 

S. B. 1003, a bill to appropriate funds for renovation of the Old Guilford County 
Courthouse. 
Referred to Appropriations Committee. 

By Senator Martin of Guilford: 

S. B. 1004, a bill to appropriate funds to the Black Child Development Institute of 
Greensboro for a study of the status of black children and families in North Carolina. 
Referred to Appropriations Committee. 

By Senator Kincaid: 

S. B. 1005, a bill to appropriate funds to assist the Blue Ridge Water Association, 
Incorporated. 
Referred to Appropriations Committee. 



June 17, 1986 



42 SENATE JOURNAL [Second Session 

By Senators Thomas of Henderson and Hipps: 

S. B. 1006, a bill to appropriate funds for the Henderson County Campus of Blue Ridge 
Technical College. 
Referred to Appropriations Committee. 

By Senator Harrington: 

S. B. 1007, a bill to appropriate funds to the Gaston Volunteer Fire Department for 
completion of the fire department building. ' 

Referred to Appropriations Committee. 

By Senator Harrington: 

S. B. 1008, a bill to appropriate funds to transport the Elizabeth H from Manteo to 
Hertford County. 
Referred to Appropriations Committee. 

By Senator Harrington: 

S. B. 1009, a bill to appropriate funds to the Ahoskie Chamber of Commerce. 
Referred to Appropriations Committee. 

By Senator Harrington: 

S. B. 1010, a bill to appropriate funds to the Gates County Historical Society for 
professional fees for interior restoration of the Old Gates County Courthouse and Annex. 
Referred to Appropriations Committee. 

By Senator Hardison: 

S. B. 1011, a bill to appropriate funds to Jones County to build an Agricultural Center. 
Referred to Appropriations Committee. 

By Senator Hardison: 

S. B. 1012, a bill to appropriate funds for Lenoir law enforcement. 
Referred to Appropriations Committee. 

By Senator Hardison: 

S. B. 1013, a bill to appropriate funds to Lenoir Community College for a building for 
the aviation program. 

Referred to Appropriations Committee. 

By Senator Hunt of Durham: 

S. B. 1014, a bill to appropriate funds to the Cedar Grove Day-Care Center in Orange to 
provide day care for children of low-income families. 
Referred to Appropriations Committee. 

By Senator Hunt of Durham: 

S. B. 1015, a bill to appropriate funds to the Lincoln Community Health Center in 
Durham. 
Referred to Appropriations Committee. 



June 17, 1986 



1986] SENATE JOURNAL 43 

By Senator Hunt of Durham: 

S. B. 1016, a bill to appropriate funds to Operation Breakthrough to carry out its 
functions as the official Community Action Agency for Durham County. 
Referred to Appropriations Committee. 

., By Senator Hunt of Durham: 

' S. B. 1017, a bill to appropriate funds to the Durham Arts Council. 
Referred to Appropriations Committee. 

By Senator Martin of Guilford: 

- S. B. 1018, a bill to appropriate funds for the Eastern Music Festival in Greensboro. 
Referred to Appropriations Committee. 

By Senator Martin of Guilford: 

S. B. 1019, a bill to appropriate funds to the Southeast Greensboro Council on Crime 
and Delinquency. 
Referred to Appropriations Committee. 

By Senator Harrington: 

S. B. 1020, a bill to appropriate funds for the Northeast Center for Human Develop- 
ment. 

Referred to Appropriations Committee. 

By Senator Harrington: 

S. B. 1021, a bill to appropriate funds to Historical Hope for expenses relating to moving 
of a building on the National Register. 
Referred to Appropriations Committee. 

By Senators Harris, Rauch, and Marvin: 

S. B. 1022, a bill to appropriate funds for the Erwin Community Center in Gastonia. 
Referred to Appropriations Committee. 

By Senators Rand and Plyler: 

S. J. R. 1023, a joint resolution authorizing the 1985 General Assembly, 1986 Session, 
to consider a bill to be entitled an act to authorize the construction and the financing of a 
certain capital improvement project by the University of North Carolina at Chapel Hill. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Rand and Plyler: 

S. B. 1024, a bill to authorize the construction and the financing of a certain capital 
improvement project by the University of North Carohna at Chapel Hill. 
The Chair orders the bill held as filed for enabling legislation. 

By Senator Royall: 

S. B. 1025, a bill to provide funds raised for a gift-in-place of a velodrome to the State 
may be used as matching funds for a grant to North Carolina Amateur Sports. 
Referred to Appropriations Committee. 



June 17, 1986 



44 SENATE JOURNAL [Second Session 

By Senators Plyler and Rand: 

S. B. 1026, a bill to allow cities, towns and other governmental units an additional five 
months to commit water and sewer grant funds by submitting a project to the State for 
approval, to revert funds not committed, to provide for a supplemental progress report, 
and to allow counties to permit use of those funds by nonprofit water corporations. 

Referred to Appropriations Committee. 

By Senator Parnell: 

S. B. 1027, a bill to appropriate funds to the Maxton Day Care Council, Incorporated, to 
operate an Adult Day Care Center. 

Referred to Appropriations Committee. 

By Senator Parnell: 

S. B. 1028, a bill to appropriate funds to the Town of Red Springs to renovate the old fire 
station as a community center. 

Referred to Appropriations Committee. 

By Senator Parnell: 

S. B. 1029, a bill to appropriate funds for the restoration and renovation of the Carolina 
Theater in Robeson County. 
Referred to Appropriations Committee. 

By Senator Parnell: 

S. B. 1030, a bill to appropriate funds to the Town of St. Pauls for renovation of a 
community building. 
Referred to Appropriations Committee. 

By Senator Parnell: 

S. B. 1031, a bill to appropriate funds to Hoke County to complete the renovations of the 
Hoke County Courthouse. 
Referred to Appropriations Committee. 

By Senator Parnell: . 

S. B. 1032, a bill to appropriate funds to the Town of Proctorville to renovate the town 
community building. 
Referred to Appropriations Committee. 

By Senator Parnell: 

S. B. 1033, a bill to appropriate funds to the Hoke County Chamber of Commerce to 
renovate the National Guard Armory as a community center in Raeford. 
Referred to Appropriations Committee. , 

By Senator Parnell: 

S. B. 1034, a bill to appropriate funds to the Town of Fairmont for industrial park 
planning. 

Referred to Appropriations Committee. 



June 17, 1986 



1986] SENATE JOURNAL 45 

By Senator Parnell: 

S. B. 1035, a bill to appropriate funds to the North Carolina Turkey Festival, In- 
corporated, for the annual festival. 
Referred to Appropriation Committee. 

By Senator Parnell: 

S. B. 1036, a bill to appropriate funds to the Town of Parkton for a community 
recreational center. 
Referred to Appropriations Committee. 

By Senator Parnell: 

S. B. 1037, a bill to appropriate funds to the Southside School Alumni Association of 
Rowland. 
Referred to Appropriations Committee. 

By Senator Parnell: 

S. B. 1038, a bill to appropriate funds to Robeson Historical Drama, Incorporated, for 
"Strike at the Wind." 
Referred to Appropriations Committee. 

By Senator Speed: 

S. B. 1039, a bill to appropriate funds for the Eastern Wake Regional Senior Citizens 
Center. 
Referred to Appropriations Committee. 

By Senator Speed: 

S. B. 1040, a bill to appropriate funds for county jail renovation. 
Referred to Appropriations Committee. 

By Senator Speed: 

S. B. 1041, a bill to appropriate funds to the Town of Louisburg for a Public Safety and 
Defense Training Center. 
Referred to Appropriations Committee. 

By Senator Conder: 

S. B. 1042, a bill to appropriate funds to the Richmond Economic Development 
Corporation for economic development activities. 
Referred to Appropriations Committee. 

By Senator Conder: 

S. B. 1043, a bill to appropriate funds to East Hamlet Community Concerned Citizens. 
Referred to Appropriations Committee. 

By Senator Conder: 

S. B. 1044, a bill to appropriate funds to the Richmond County Board of Commissioners. 
Referred to Appropriations Committee. 



June 17, 1986 



46 SENATE JOURNAL [Second Session 

By Senator Conder: 

S. B. 1045, a bill to appropriate funds to the Rockingham Recreation Foundation. 
Referred to Appropriations Committee. 

By Senators Conder and Plyler: 

S. B. 1046, a bill to appropriate funds for the Montgomery County Rape Crisis 
Program. 

Referred to Appropriations Committee. 

By Senators Conder and Plyler: 

S. B. 1047, a bill to appropriate funds for a summer jobs training program in Scotland 
County. 
Referred to Appropriations Committee. 

By Senators Conder and Plyler: 

S. B. 1048, a bill to appropriate funds to the Town of Troy for Troy Park. 
Referred to Appropriations Committee. 

By Senators Conder and Plyler: 

S. B. 1049, a bill to appropriate funds to the Rankin Museum of American Heritage in 
Ellerbe. 
Referred to Appropriations Committee. 

By Senators Conder and Plyler: 

S. B. 1050, a bill to appropriate funds to Friends of the Hamlet Public Library, Inc. 
Referred to Appropriations Committee. 

By Senators Conder and Plyler: 

S. B. 1051, a bill to appropriate funds to the Anson County Board of Commissioners. 
Referred to Appropriations Committee. 

By Senator Martin of Pitt: 

S. B. 1052, a bill to appropriate funds for the Elm City Rescue Squad. 
Referred to Appropriations Committee. 

By Senator Martin of Pitt: 

S. B. 1053, a bill to appropriate funds for construction of a multipurpose community 
building by the Falkland Rescue Squad. 
Referred to Appropriations Committee. 

By Senator Martin of Pitt: ' 

S. B. 1054, a bill to appropriate funds for the High School Vocational Technical 
Articulation Program at Pitt Community College. 
Referred to Appropriations Committee. 

By Senator Martin of Pitt: 



June 17. 1986 



1986] SENATE JOURNAL 47 

S. B. 1055, a bill to appropriate funds to the Pitt County Board of Commissioners for the 
benefit of the Farmville Senior Council. 
Referred to Appropriations Committee. 

By Senator Martin of Pitt: 

S. B. 1056, a bill to appropriate funds to the Pitt County Board of Commissioners for the 
Pitt/Greenville Chamber of Commerce, 
Referred to Appropriations Committee. 

By Senator Martin of Pitt: 

S. B. 1057, a bill to appropriate funds for the Rocky Mount Opportunity Industrializa- 
tion Commission. 
Referred to Appropriations Committee. 

By Senator Martin of Pitt: 

S. B. 1058, a bill to appropriate funds to the Bethel Library for the purchase of books. 
Referred to Appropriations Committee. 

By Senator Martin of Pitt: 

S. B. 1059, a bill to appropriate funds for the Bethel Senior Citizens Center in Pitt 
County. 
Referred to Appropriations Committee. 

By Senator Martin of Pitt: 

S. B. 1060, a bill to appropriate funds for the Edgecombe County Public Library. 
Referred to Appropriations Committee. 

By Senator Martin of Pitt: 

S. B. 1061, a bill to appropriate funds for the Farmville Arts Council. 
Referred to Appropriations Committee. 

By Senator Martin of Pitt: 

S. B. 1062, a bill to appropriate funds for fire equipment for Wilson County. 
Referred to Appropriations Committee. 

By Senator Martin of Pitt: 

S. B. 1063, a bill to appropriate funds for equipment at Robersonville Community 
Hospital. 
Referred to Appropriations Committee. 

By Senator Martin of Pitt: 

S. B. 1064, a bill to appropriate funds for the Farmville High School Band Boosters Club 
and the Farmville Recreation Center. 
Referred to Appropriations Committee. 

By Senator Watt: 



June 17, 1986 



48 SENATE JOURNAL [Second Session 

S. B. 1065, a bill to appropriate funds to the Crisis Assistance Ministry of Charlotte. 
Referred to Appropriations Committee. 

By Senator Watt: "■ - viC 

S. B. 1066, a bill to appropriate funds to the Family Outreach Adult Care Center in 
Charlotte. 
Referred to Appropriations Committee. 

By Senator Watt: 

S. B. 1067, a bill to appropriate funds to the Afro- American Children's Theater. 
Referred to Appropriations Committee. 

By Senator Watt: 

S. B. 1068, a bill to appropriate funds to the Afro- American Cultural and Service 
Center, Incorporated. 
Referred to Appropriations Committee. 

By Senator Watt: 

S. B. 1069, a bill to appropriate funds to the Charlotte Emergency Housing Project. 
Referred to Appropriations Committee. 

By Senator Watt: 

S. B. 1070, a bill to appropriate funds to the Charlotte-Mecklenburg Youth Council, 
Incorporated. 
Referred to Appropriations Committee. 

By Senator Watt: 

S. B. 1071, a bill to appropriate funds to Family Housing Services, Incorporated, 
Referred to Appropriations Committee. 

By Senator Watt: 

S. B. 1072, a bill to appropriate funds to the Anita Stroud Foundation. 
Referred to Appropriations Committee. 

By Senator Watt: ■ 

S. B. 1073, a bill to appropriate funds to the Association for Sickle Cell Disease for 
Charlotte-Metrolina, Incorporated. 

Referred to Appropriations Committee. 

By Senator Watt: 

S. B. 1074, a bill to appropriate funds to the Mecklenburg Council on Adolescent 
Pregnancy. 

Referred to Appropriations Committee. . 

By Senator Watt: 

S. B. 1075, a bill to appropriate funds to the Gethsemane Enrichment Program. 
Referred to Appropriations Committee. 



June 17, 1986 



1986] SENATE JOURNAL 49 

By Senator Royall: 

S. B. 1076, a bill to appropriate funds for repair of the social/nutrition site of the Person 
County Council on Aging. 
Referred to Appropriations Committee. 

By Senator Watt: 

S. B. 1077, a bill to appropriate funds to the Metrolina Food Bank. 
Referred to Appropriations Committee. 

By Senator Watt: 

S. B. 1078, a bill to appropriate funds to the McCrorey Branch YMCA in Charlotte. 
" Referred to Appropriations Committee. 

By Senator Rand: 

S. B. 1079, a bill to raise the State salary allotments for school psychologists two pay 
levels. 
Referred to Appropriations Committee. 

By Senator Rand: 

S. B. 1080, a bill to study the workweek for teacher aides and to make the workweek for 
teacher aides the same as the workweek for teachers. 
Referred to Appropriations Committee. 

By Senator Marvin: 

S. B. 1081, a bill to appropriate funds for archaeology programs of the Schiele Museum 
of Natural History in Gastonia. 
Referred to Appropriations Committee. 

By Senator Marvin: 

S. B. 1082, a bill to amend the funding formula for exceptional children. 
Referred to Appropriations Committee. 

By Senator Marvin: 

S. B. 1083, a bill to provide braille, large print, and audio cassette textbooks for 
handicapped children. 
Referred to Appropriations Committee. 

By Senator Marvin: 

S. B. 1084, a bill to provide operational funds for the Governor's Schools. 
Referred to Appropriations Committee. 

By Senator Marvin: 

S. B. 1085, a bill to establish pilot programs providing special education and related 
services to preschool handicapped children ages three and four. 
Referred to Appropriations Committee. 

By Senator Goldston: 



June 17, 1986 



50 SENATE JOURNAL [Second Session 

S. B. 1086, a bill to appropriate funds to the City of Eden for a Senior Citizens room. 
Referred to Appropriations Committee. 

By Senator Goldston: 

S. B. 1087, a bill to appropriate funds to the Town of Madison to renovate the Charles 
Drew School as a civic center. 
Referred to Appropriations Committee. 

By Senator Goldston: 

S. B. 1088, a bill to appropriate funds to the City of Reidsville to complete the 
renovation of the Penn House. 
Referred to Appropriations Committee. 

By Senator Goldston: 

S. B. 1089, a bill to appropriate funds to the Town of Madison for recreation equipment. 
Referred to Appropriations Committee. 

By Senator Goldston: 

S. B. 1090, a bill to appropriate funds to the City of Eden for its animal shelter. 
Referred to Appropriations Committee. 

By Senator Goldston: 

S. B. 1091, a bill to appropriate funds to the Town of Stoneville for downtown revitaliza- 
tion. 
Referred to Appropriations Committee. 

By Senator Goldston: 

S. B. 1092, a bill to appropriate funds for the Cove Creek Senior Citizen Center, 
Referred to Appropriations Committee. 

By Senator Goldston: 

S. B. 1093, a bill to appropriate funds to expand the Ashe County Library. 
Referred to Appropriations Committee. 

By Senator Goldston: 

S. B. 1094, a bill to appropriate funds for a radio system for Stokes County. 
Referred to Appropriations Committee. 

By Senator Goldston: 

S. B. 1095, a bill to appropriate funds for the Carlyle Higgins Agricultural Center. 
Referred to Appropriations Committee. 

By Senator Hunt of Durham: 

S. B. 1096, a bill to appropriate funds to Durham Congregations in Action for the Meals 
on Wheels Program. 
Referred to Appropriations Committee. 



June 17, 1986 



1986] SENATE JOURNAL 51 

By Senator Hunt of Durham: 

S. B. 1097, a bill to appropriate funds for the John Avery Boy's Club of Durham. 
Referred to Appropriations Committee. 

By Senator Hunt of Durham: 

S. B. 1098, a bill to appropriate funds to the Durham Housing Authority for its youth 
enrichment program. 
Referred to Appropriations Committee. 

By Senator Warren: 

S. B. 1099, a bill to appropriate funds to the Sampson High School Alumni Association. 
Referred to Appropriations Committee. 

By Senator Warren: 

S. B. 1100, a bill to appropriate funds to the Johnston Central High School Alumni 
Association. 
Referred to Appropriations Committee. 

By Senator Warren: 

S. B. 1101, a bill to appropriate funds to construct an armory in Sampson County. 
Referred to Appropriations Committee. 

By Senator Warren: 

S. B. 1102, a bill to appropriate funds for the Coharie Intra-Tribal Council. 
Referred to Appropriations Committee. 

By Senator Warren: 

S. B. 1103, a bill to appropriate funds to renovate the Herring Community Building in 
Sampson County. 
Referred to Appropriations Committee. 

By Senator Warren: 

S. B. 1104, a bill to appropriate funds for a community building in Four Oaks. 
Referred to Appropriations Committee. 

By Senator Speed: 

S. B. 1105, a bill to appropriate funds for an emergency communications system in 
Vance County. 
Referred to Appropriations Committee. 

By Senator Speed: 

S. B. 1106, a bill to appropriate funds to the North Carohna Senior Citizens' Federation, 
Incorporated. 
Referred to Appropriations Committee. 

By Senator Speed: 



June 17, 1986 



52 SENATE JOURNAL [Second Session 

S. B. 1107, a bill to appropriate funds to improve facilities at the Knightdale Recreation 
Park. 

Referred to Appropriations Committee. 

By Senators Kaplan and Ward: 

S. B. 1108, a bill to appropriate funds to the Department of Cultural Resources for the 
capital development program at Historic Bethabara Park. 
Referred to Appropriations Committee. 

By Senator Harrington: 

S. B. 1109, a bill to appropriate funds for the Hertford Academy for the Arts. 
Referred to Appropriations Committee. 

By Senator Harrington: 

S. B. 1110, a bill to appropriate funds for "First for Freedom," an outdoor drama. 
Referred to Appropriations Committee. 

By Senator Williams: 

S. B. 1111, a bill to appropriate funds for general operations of the Opera House. 
Referred to Appropriations Committee. 

By Senator Williams: 

S. B. 1112, a bill to appropriate funds for the Cape Fear Technical Institute satellite in 
Pender County. 
Referred to Appropriations Committee. 

By Senator Williams: 

S. B. 1113, a bill to appropriate funds for the Katie B. Hines Senior Center. 
Referred to Appropriations Committee. 

By Senator Basnight: i 

S. B. 1114, a bill to appropriate funds to Historical Hope for expenses relating to moving 
of a building on the National Register. 
Referred to Appropriations Committee. 

By Senator Basnight: 

S. B. 1115, a bill to appropriate funds for expenses of the Roper Volunteer Fire 
Department. 
Referred to Appropriations Committee. 

By Senator Basnight: 

S. B. 1116, a bill to appropriate funds to the Gates County Historical Society for 
professional fees for interior restoration of the old Gates County Courthouse and Annex. 
Referred to Appropriations Committee. 

By Senator Goldston: 



June 17, 1986 



1986] SENATE JOURNAL 53 

S. B. 1117, a bill to appropriate funds for the Surry County Courthouse. 
Referred to Appropriations Committee. 

By Senator Goldston: 

S. B. 1118, a bill to appropriate funds to connect the Town of Stoneville to the Mayodan 
water supply. 
Referred to Appropriations Committee. 

By Senators Kaplan and Ward: 

S. B. 1119, a bill to appropriate funds for the Job Strategy Center of the Winston-Salem/ 
Forsyth County Council on the Status of Women. 
Referred to Appropriations Committee. 

By Senators Kaplan and Ward: 

S. B. 1120, a bill to appropriate funds for a Day School for severely mentally impaired 
and handicapped children. 

Referred to Appropriations Committee. 

By Senators Kaplan and Ward: 

S. B. 1121, a bill to appropriate funds for service delivery programs of the Winston- 
Salem Urban League. 
Referred to Appropriations Committee. 

By Senators Kaplan and Ward: 

S. B. 1122, a bill to appropriate operating funds for the Nature Science Center. 
Referred to Appropriations Committee. 

By Senators Kaplan and Ward: 

S. B. 1123, a bill to appropriate funds to the Sawtooth Center for Visual Design. 
Referred to Appropriations Committee. 

By Senators Kaplan and Ward: 

S. B. 1124, a bill to provide funds for renovation and operation of the Adult Day Care 
Center operated by the Citizens' Neighborhood Council. 
Referred to Appropriations Committee. 

By Senator Ezzell: 

S. B. 1125, a bill to appropriate funds for the Rocky Mount Children's Museum. 
Referred to Appropriations Committee. 

By Senator Ezzell: 

S. B. 1126, a bill to appropriate funds for the Rocky Mount Community Band. 
Referred to Appropriations Committee. 

By Senator Ezzell: 

S. B. 1127, a bill to appropriate funds for a summer camp program for children with 
learning disabilities. 



June 17, 1986 



54 SENATE JOURNAL [Second Session 

Referred to Appropriations Committee. 

By Senator Ezzell: 

S. B. 1128, a bill to appropriate funds for the Rocky Mount Senior High School Band's 
participation in the Rose Bowl Parade. 
Referred to Appropriations Committee. 

By Senator Ezzell: 

S. B. 1129, a bill to appropriate funds for renovation of the Roanoke Rapids High School 
Auditorium. 

Referred to Appropriations Committee. 

By Senator Ezzell: 

S. B. 1130, a bill to appropriate funds for the Canal Arts Center. 
Referred to Appropriations Committee. 

By Senator Ezzell: 

S. B. 1131, a bill to appropriate funds for the Lakeland Cultural Arts Center. 
Referred to Appropriations Committee. 

By Senators Ward and Kaplan: 

S. B. 1132, a bill to appropriate funds to the Young Women's Christian Association of 
Winston-Salem, Incorporated, for pubUc service programs. 
Referred to Appropriations Committee. 

By Senators Ward and Kaplan: ^ 

S. B. 1133, a bill to appropriate funds for the child care program at the Bethlehem 
Community Center. 

Referred to Appropriations Committee. 

By Senators Ward and Kaplan: 

S. B. 1134, a bill to appropriate funds for the Delta Arts Center. 
Referred to Appropriations Committee. 

By Senators Ward and Kaplan: 

S. B. 1135, a bill to appropriate funds to the Winston-Salem Arts Council, Incorporated. 
Referred to Appropriations Committee. 

By Senators Ward and Kaplan: 

S. B. 1136, a bill to appropriate funds for the Winston-Salem Symphony's music 
education programs and concerts for children. 
Referred to Appropriations Committee. 

By Senators Ward and Kaplan: 

S. B. 1137, a bill to provide funds for the use of Old Salem. 
Referred to Appropriations Committee. 



June 17, 1986 



1986] SENATE JOURNAL 55 

By Senators Ward and Kaplan: 

S. B. 1138, a bill to appropriate funds for the Piedmont Opera Theatre. 
Referred to Appropriations Committee. 

By Senators Ward and Kaplan: 

S. B. 1139, a bill to appropriate funds to experiment in Self-Reliance, Incorporated. 
Referred to Appropriations Committee. 

By Senators Woodard and Johnson of Wake: 

S. B. 1140, a bill to appropriate funds for the Women's Resource Center. 
Referred to Appropriations Committee. 

By Senators Woodard and Johnson of Wake: 

S. B. 1141, a bill to appropriate funds to Rehabilitation Services of Wake County. 
Referred to Appropriations Committee. 

. By Senators Johnson of Wake, Staton, and Woodard: 

S. B. 1142, a bill to appropriate funds for educational programs of the Creative 
Exchange, Incorporated, in Wake County. 
Referred to Appropriations Committee. 

By Senator Speed: 

S. B. 1143, a bill to appropriate funds for the Rolesville Rescue Service. 
Referred to Appropriations Committee. 

By Senator Speed: 

S. B. 1144, a bill to appropriate funds for preservation activities in Franklin County. 
Referred to Appropriations Committee. 

By Senators Staton, Johnson of Wake, and Woodard: 

S. B. 1145, a bill to appropriate funds to the Center for Independent Living. 
Referred to Appropriations Committee. 

By Senators Staton, Johnson of Wake, and Woodard: 

S. B. 1146, a bill to appropriate funds to the City of Dunn for downtown revitalization. 
Referred to Appropriations Committee. 

By Senators Staton and Walker: 

S. B. 1147, a bill to appropriate funds for water resources protection. 
Referred to Appropriations Committee. 

By Senator Harrington: 

S. B. 1148, a bill to appropriate funds to purchase equipment for the Powellsville 
Recreation and Civic Center. 
Referred to Appropriations Committee. 



June 17, 1986 



56 SENATE JOURNAL [Second Session 

By Senators Marvin, Harris, and Rauch: 

S. B. 1149, a bill to appropriate funds for Look Up Gaston. 
Referred to Appropriations Committee. 

By Senators Marvin, Harris, and Rauch: 

S. B. 1150, a bill to appropriate funds to Rutherford County Arts Council, In- 
corporated. 
Referred to Appropriations Committee. 

By Senators Marvin, Harris, and Rauch: 

S. B. 1151, a bill to appropriate funds to the Lincoln County Historical Association, 
Incorporated. 
Referred to Appropriations Committee. 

By Senators Marvin, Harris, and Rauch: 

S. B. 1152, a bill to appropriate funds for the Rutherford County domestic violence 
program. 

Referred to Appropriations Committee. 

By Senators Marvin, Harris, and Rauch: 

S. B. 1153, a bill to appropriate funds for the Rutherford Vocational Workshop Adult 
Developmental Activities Program. 
Referred to Appropriations Committee. 

By Senators Martin of Guilford, Hunt of Durham, Watt, and Hunt of Moore: 

S. B. 1154, a bill to appropriate funds for higher education pilot projects. 
Referred to Appropriations Committee. 

By Senator Martin of Guilford: 

S. B. 1155, a bill to appropriate funds for the Post Detention Advocates Program. 
Referred to Appropriations Committee. 

By Senators Martin of Guilford, McDowell, and Hunt of Moore: 

S. B. 1156, a bill to appropriate funds for community mediation centers. 
Referred to Appropriations Committee. 

By Senator Hunt of Durham: 

S. B. 1157, a bill to appropriate funds for the Person County Memorial Hospital 
modernization program. 
Referred to Appropriations Committee. 

By Senator Thomas of Craven: 

S. B. 1158, a bill to appropriate funds for the launching facilities at Lawson Creek Park 
in New Bern. 

Referred to Appropriations Committee. 

By Senator Redman: 



June 17, 1986 



1986] SENATE JOURNAL 57 

S. B. 1159, a bill to appropriate funds to Tri-County Mental Health for the ADAP 
Program. 
Referred to Appropriations Committee. 

By Senators Swain and Winner: 

S. B. 1160, a bill to provide funds for a utility building at the Black Mountain Juvenile 
Evaluation Center. 
Referred to Appropriations Committee. 

By Senators Swain and Winner: 

S. B. 1161, a bill to provide funds for Parkway Playhouse of Burnsville, Incorporated. 
Referred to Appropriations Committee. 

By Senator Warren: 

S. B. 1162, a bill to appropriate funds to complete the Sampson/Clinton Agri-Civic 
Center. 
Referred to Appropriations Committee. 

By Senator McDowell: 

S. B. 1163, a bill to appropriate funds to the Town of Mebane for recreation. 
Referred to Appropriations Committee. 

By Senator Guy: 

S. B. 1164, a bill to appropriate funds to build tennis courts at Richlands High School. 
Referred to Appropriations Committee. 

By Senator Guy: 

S. B. 1165, a bill to appropriate funds to Onslow County Women's Center, In- 
corporated. 
Referred to Appropriations Committee. 

By Senators Rand and Tally: 

S. B. 1166, a bill to appropriate funds for the Cape Fear Regional Theatre in Fayette- 
ville. 
Referred to Appropriations Committee. 

By Senator Williams: 

S. B. 1167, a bill to appropriate funds to fire departments and rescue squads in New 
Hanover and Pender Counties. 
Referred to Appropriations Committee. 

By Senators Thomas of Henderson and Hipps: 

S. B. 1168, a bill to appropriate funds for after-school programs for students or dropout 
prevention programs. 
Referred to Appropriations Committee. 



June 17, 1986 



58 SENATE JOURNAL [Second Session 

By Senators Thomas of Henderson and Hipps: 

S. B. 1169, a bill to appropriate funds for the Licklog Players. , , ,. . ^ 

Referred to Appropriations Committee. 

By Senators Hipps and Thomas of Henderson: 

S. B. 1170, a bill to appropriate funds for the Foothills Equestrian Nature Center. 
Referred to Appropriations Committee. 

By Senators Hipps and Thomas of Henderson: 

S. B. 1171, a bill to appropriate funds for a study of historic land records by Western 
Carolina University. 
Referred to Appropriations Committee. 

By Senators Hipps and Thomas of Henderson: 

S. B. 1172, a bill to appropriate funds for the publication of a Native American 
Newsletter at Western Carolina University. 
Referred to Appropriations Committee. 

By Senators Hipps and Thomas of Henderson: 

S. B. 1173, a bill to appropriate funds to the Jonathan Creek Volunteer Fire Depart- 
ment. 
Referred to Appropriations Committee. 

By Senators Hipps and Thomas of Henderson: > 

S. B. 1174, a bill to appropriate funds for enrichment of the schools. 
Referred to Appropriations Committee. 

By Senators Hipps and Thomas of Henderson: 

S. B. 1175, a bill to appropriate funds to the Valley Town Arts Council. 
Referred to Appropriations Committee. 

By Senator Watt: 

S. B. 1176, a bill to appropriate funds to the East Trade Street YWCA in Charlotte for a 
pregnancy prevention telephone hotline. 
Referred to Appropriations Committee. 

By Senators Conder and Plyler: 

S. B. 1177, a bill to appropriate funds to Scotland County Literacy Council. 
Referred to Appropriations Committee. 

By Senator Conder: , - 

S. B. 1178, a bill to appropriate funds to the Richmond County Arts Council. 
Referred to Appropriations Committee. 

By Senator Kincaid: ' ' ' ' '"'^ 

S. B. 1179, a bill to appropriate funds for the Historic Reverend Jessie Rankin House. 
Referred to Appropriations Committee. 



June 17, 1986 



1986] SENATE JOURNAL 59 

By Senator Soles: 

S. J. R. 1180, a joint resolution authorizing the 1985 General Assembly, 1986 Session, 
to consider a joint resolution honoring the life and memory of Sankey Wright Robinson. 

On motion of Senator Soles, the rules are suspended and the joint resolution is placed 
before the Senate for immediate consideration. 

The joint resolution, passes its second (electronically recorded) and third readings, and 
is ordered, without objection, sent to the House of Representatives by special messenger. 

By Senator Soles: 

S. B. 1181, a bill to appropriate funds for the Fourth of July Festival in Southport. 
Referred to Appropriations Committee. 

By Senator Soles: 

S. B. 1182, a bill to appropriate funds for the Watermelon Festival and the Farmer's 
Festival in Fair Bluff. 
Referred to Appropriations Committee. 

By Senator Soles: 

S. B. 1183, a bill to appropriate funds for the Strawberry Festival in Chadbourn. 
Referred to Appropriations Committee. 

By Senator Soles: 

S. B. 1184, a bill to appropriate funds to revitalize downtown Tabor City. 
Referred to Appropriations Committee. 

By Senator Soles: 

S. B. 1185, a bill to appropriate funds for the Good Shepherd Home in Lake Waccamaw. 
Referred to Appropriations Committee. 

By Senator Soles: 

S. B. 1186, a bill to appropriate funds for the North Carohna Yam Festival. 
Referred to Appropriations Committee. 

By Senator Soles: 

S. B. 1187, a bill to appropriate funds for capital improvements at the Columbus County 
Senior Citizens Center. 
Referred to Appropriations Committee. 

By Senator Soles: 

S. B. 1188, a bill to appropriate funds for recreational facilities in the Bogue Area. 
Referred to Appropriations Committee. 

By Senator Soles: 

S. B. 1189, a bill to appropriate funds for Columbus County Hospice. 
Referred to Appropriations Committee. 

By Senator Soles: 



June 17, 1986 



60 SENATE JOURNAL [Second Session 

S. B. 1190, a bill to appropriate funds for road signs in Columbus County. 
Referred to Appropriations Committee. 

By Senator Soles: ; ^ 

S. B. 1191, a bill to appropriate funds to the Club Fifteen Civic League of Tabor City. 
Referred to Appropriations Committee. 

By Senator Soles: 

S. B. 1192, a bill to appropriate funds for the Columbus County Public Libraries. 
Referred to Appropriations Committee. 

By Senators Royall and Hunt of Durham: 

S. B. 1193, a bill to appropriate funds for the Durham Downtown Arts Complex. 
Referred to Appropriations Committee. 

By Senator Marvin: 

S. B. 1194, a bill to appropriate textbooks for handicapped children. 
Referred to Appropriations Committee. 

By Senators Rauch, Harris, and Marvin: 

S. B. 1195, a bill to appropriate funds to the Association for Sickle Cell Disease for 
Charlotte-Metrolina, Incorporated. 
Referred to Appropriations Committee. 

By Senator Hardison: 

S. B. 1196, a bill to appropriate funds for SAFE, a shelter for battered spouses and 
children, operated by the Caswell Center. 
Referred to Appropriations Committee. 

By Senators Rauch, Marvin, and Harris: 

S. B. 1197, a bill to appropriate funds to the Town of Dallas for beautification and 
renovation projects. 
Referred to Appropriations Committee. 

By Senators Rauch, Marvin, and Harris: 

S. B. 1198, a bill to appropriate funds to Gaston County for the Art and History 
Museum. 
Referred to Appropriations Committee. 

By Senators Rauch, Marvin and Harris: 

S. B. 1199, a bill to appropriate funds to the City of Lowell for the Recreation 
Department. 
Referred to Appropriations Committee. 

By Senators Rauch, Harris, and Marvin: - , 

S. B. 1200, a bill to appropriate funds to the Schiele Museum in Gastonia. 
Referred to Appropriations Committee. 



June 17. 1986 



1986] SENATE JOURNAL 61 

By Senators Harris, Rauch, and Marvin: 

S. B. 1201, a bill to appropriate funds for the Cleveland County Abuse Prevention 
Council. 
Referred to Appropriations Committee. 

By Senators Harris, Marvin, and Rauch: 

S. B. 1202, a bill to appropriate funds to the Shelby Boys Town. 
Referred to Appropriations Committee. 

By Senators Harris, Rauch, and Marvin: 

S. B. 1203, a bill to appropriate funds to the Cleveland Vocational Industries, In- 
corporated. 
Referred to Appropriations Committee. 

By Senators Harris, Rauch, and Marvin: 

S. B. 1204, a bill to appropriate funds in support of Boys Town of Kings Mountain. 
Referred to Appropriations Committee. 

By Senators Harris, Rauch, and Marvin: 

S. B. 1205, a bill to appropriate funds to Child Abuse Prevention Services. 
Referred to Appropriations Committee. 

By Senators Harris, Rauch, and Marvin: 

S. B. 1206, a bill to appropriate funds to the Town of Cramerton for recreation. 
Referred to Appropriations Committee. 

By Senators Harris, Rauch, and Marvin: 

S. B. 1207, a bill to appropriate funds to Western Carolina Center Foundation. 
Referred to Appropriations Committee. 

By Senators Taft and Watt: 

S. B. 1208, a bill to appropriate funds for the Rainbow Services Program for the 
chronically ill. 
Referred to Appropriations Committee. 

By Senators Taft and Watt: 

S. B. 1209, a bill to appropriate funds to the Beaufort-Hyde-Martin Regional Library 
System and to the Aurora Community Library. 
Referred to Appropriations Committee. 

By Senators Taft and Watt: 

S. B. 1210, a bill to appropriate funds to assist fire departments and rescue squads in 
Beaufort, Martin, and Pitt Counties. 
Referred to Appropriations Committee. 

By Senators Taft and Watt: 



June 17, 1986 



62 SENATE JOURNAL [Second Session 

S. B. 1211, a bill to appropriate funds to Tri-County Spouse Abuse Services. ., 
Referred to Appropriations Committee. 

By Senators Taft and Watt: 

S. B. 1212, a bill to appropriate funds to produce the Blackbeard Outdoor Drama. 
Referred to Appropriations Committee. 

By Senators Taft and Watt: 

S. B. 1213, a bill to appropriate funds for expenses of the Martin Community Players. 
Referred to Appropriations Committee. r 

By Senators Taft and Watt: 

S. B. 1214, a bill to appropriate funds for construction of the Pitt County Farmers' 
Market. 
Referred to Appropriations Committee. 

By Senators Taft and Watt: 

S. B. 1215, a bill to appropriate funds for the Pitt County Child Development Center to 
serve additional children in need. 
Referred to Appropriations Committee. 

By Senators Taft and Watt: 

S. B. 1216, a bill to appropriate funds for the Moratoc Park in Martin County. 
Referred to Appropriations Committee. 

By Senators Taft and Watt: 

S. B. 1217, a bill to appropriate funds to the Martin County Chamber of Commerce for 
economic development. 

Referred to Appropriations Committee. 

By Senators Taft and Watt: 

S. B. 1218, a bill to appropriate funds to the Pitt County Family Violence Program. 
Referred to Appropriations Committee. 

By Senators Taft and Watt: . 

S. B. 1219, a bill to appropriate funds to the Towns of Jamesville and Bear Grass. 
Referred to Appropriations Committee. 

By Senators Taft and Watt: 

S. B. 1220, a bill to appropriate funds for programs at public high schools in Pitt County. 
Referred to Appropriations Committee. 

By Senators Taft and Watt: 

S. B. 1221, a bill to appropriate funds for the Pre-School OCI Day Program. 
Referred to Appropriations Committee. 

By Senators Taft and Watt: 



June 17, 1986 



1986] SENATE JOURNAL 63 

S. B. 1222, a bill to appropriate funds for the Sheppard Memorial Library in Greenville. 
Referred to Appropriations Committee. 

By Senators Taft and Watt: 

S. B. 1223, a bill to appropriate funds to the Greater Washington Chamber of Com- 
merce for economic development. 
Referred to Appropriations Committee, 

By Senators Taft and Watt: 

S. B. 1224, a bill to appropriate funds for the Volunteers in Partnership with Parents 
Program. 
Referred to Appropriations Committee. 

By Senators Taft and Watt: 

S. B. 1225, a bill to appropriate funds to the Pitt County Boy's Club for equipment. 
Referred to Appropriations Committee. 

By Senator Hunt of Moore: 

S. B. 1226, a bill to appropriate funds for Child Care Networks. 
Referred to Appropriations Committee. 

By Senators Hunt of Moore and Walker: 

S. B. 1227, a bill to appropriate funds for Hospice of Randolph County. 
Referred to Appropriations Committee. 

By Senators Hunt of Moore and Walker: 

S. B. 1228, a bill to appropriate funds to the Town of Siler City to assist in the 
publication of a history of the Town and other Centennial Celebration expenses. 
Referred to Appropriations Committee. 

By Senator Hunt of Moore: 

S. B. 1229, a bill to appropriate funds to Orange-Person-Chatham Mental Health. 
Referred to Appropriations Committee. 

By Senators Hunt of Moore and Walker: 

S. B. 1230, a bill to appropriate funds for the Inter-Faith Council for Social Service. 
Referred to Appropriations Committee. 

By Senators Hunt of Moore and Walker: 

S. B. 1231, a bill to appropriate funds to Pinetree Enterprises of Moore County. 
Referred to Appropriations Committee. 

By Senators Hunt of Moore and Walker: 

S. B. 1232, a bill to appropriate funds for the Performing Arts Center in Moore County. 
Referred to Appropriations Committee. 

By Senators Hunt of Moore and Walker: 



June 17, 1986 



64 SENATE JOURNAL [Second Session 

S. B. 1233, a bill to appropriate funds to Orange Industries, a sheltered workshop. 
Referred to Appropriations Committee. 

By Senators Hunt of Moore and Walker: ~ 

S. B. 1234, a bill to appropriate funds to expand the Moore County Library. 
Referred to Appropriations Committee. / 

By Senators Hunt of Moore and Walker: 

S. B. 1235, a bill to appropriate funds to the Town of Carthage. 
Referred to Appropriations Committee. 

By Senators Hunt of Moore and Walker: 

S. B. 1236, a bill to appropriate funds to Sandhills Hospice. 
Referred to Appropriations Committee. 

By Senators Hunt of Moore and Walker: 

S. B. 1237, a bill to appropriate funds for the Malcolm Blue Historical Society. 
Referred to Appropriations Committee. 

By Senators Hunt of Moore and Walker: 

S. B. 1238, a bill to appropriate funds to repair the Crystal Lake Dam. 
Referred to Appropriations Committee. 

By Senator Barnes: 

S. B. 1239, a bill to appropriate funds for the Greene Central High School Band Booster 
Club. 
Referred to Appropriations Committee. 

By Senator Barnes: 

S. B. 1240, a bill to appropriate funds for the Poultry Festival in Wayne County. 
Referred to Appropriations Committee. 

By Senator Barnes: 

S. B. 1241, a bill to appropriate funds for Goldsboro City Schools. 
Referred to Appropriations Committee. 

By Senator Barnes: 

S. B. 1242, a bill to appropriate funds for Waynesboro Park. 
Referred to Appropriations Committee. 

By Senator Barnes: 

S. B. 1243, a bill to appropriate funds to the Greene County Committee of 100, 
Referred to Appropriations Committee. 

By Senator Barnes: 

S. B. 1244, a bill to appropriate funds for band instruments for the Wayne County 
Schools. 



June 17, 1986 



1986] SENATE JOURNAL 65 

Referred to Appropriations Committee. 

By Senators Hunt of Moore and Walker: 

S. B. 1245, a bill to appropriate funds for the Chatham County Council on Aging. 
Referred to Appropriations Committee. 

By Senators Hunt of Moore and Walker: 

S. B. 1246, a bill to appropriate funds for the Chatham Child Development Center. 
Referred to Appropriations Committee. 

By Senators Hunt of Moore and Walker: 

S. B. 1247, a bill to appropriate funds for the joint Orange-Chatham Community Action 
Agency. 
Referred to Appropriations Committee. 

By Senators Hunt of Moore and Walker: 

S. B. 1248, a bill to appropriate funds for the Chatham Family Violence and Rape Crisis 
Center. 
Referred to Appropriations Committee. 

By Senator Walker: 

S. B. 1249, a bill to appropriate funds to Chatham County for law enforcement services 
in and around the Jordan Lake area. 
Referred to Appropriations Committee. 

By Senator Walker: 

S. B. 1250, a bill to appropriate funds to Triangle Land Conservancy to assist with the 
purchase of a wilderness tract in Chatham County known as White Pines. 
Referred to Appropriations Committee. 

By Senator Walker: 

S. B. 1251, a bill to appropriate funds for the Orange-Person-Chatham Mental Health 
Authority. 
Referred to Appropriations Committee. 

By Senator Walker: 

S. B. 1252, a bill to appropriate funds to Chatham County for publication of the 
Chatham County Historic Architecture Survey. 
Referred to Appropriations Committee. 

By Senator Walker: 

S. B. 1253, a bill to appropriate funds for the Randolph Public Library in Asheboro. 
Referred to Appropriations Committee. 

By Senators Walker and Hunt of Moore: 

S. B. 1254, a bill to appropriate funds for the Randolph Arts Guild. 
Referred to Appropriations Committee. 



June 17, 1986 



66 SENATE JOURNAL [Second Session 

By Senators Walker and Hunt of Moore: 

S. B. 1255, a bill to appropriate funds for spouse abuse programs in Randolph County. 
Referred to Appropriations Committee. 

By Senators Walker and Hunt of Moore: : - 

S. B. 1256, a bill to appropriate funds to restore the Gatekeeper House in Asheboro. 
Referred to Appropriations Committee. 

By Senators Walker and Hunt of Moore: 

S. B. 1257, a bill to appropriate funds for the Sandhills branch of the North Carolina 
Food Bank. 
Referred to Appropriations Committee. 

By Senators Walker and Hunt of Moore: 

S. B. 1258, a bill to appropriate funds to the Art School in Carrboro. y 

Referred to Appropriations Committee. 

By Senators Barnes, Winner, and Thomas of Henderson: 

S. B. 1259, a bill to provide for the purchase of uniforms for employees working at the 
State Parks and Recreation Areas. 
Referred to Appropriations Committee. 

By Senators Barnes, Winner, and Thomas of Henderson: 

S. B. 1260, a bill to provide for the purchase of a two-way radio system for the State 
Parks and Recreation Areas. 
Referred to Appropriations Committee. 

By Senator Barnes: ■ 

S. B. 1261, a bill to appropriate funds for the Greene Central High School Athletic Club. 
Referred to Appropriations Committee. 

By Senator Barnes: 

S. B. 1262, a bill to appropriate funds for Greene fire and rescue services. 
Referred to Appropriations Committee. 

By Senator Barnes: 

S. B. 1263, a bill to appropriate funds for partial payment on a fire department vehicle 
for the City of Goldsboro. 

Referred to Appropriations Committee. 

By Senators Walker and Hunt of Moore: 

S. B. 1264, a bill to appropriate funds for WUNC Public Radio and WUNC Public 
Television. 

Referred to Appropriations Committee. • - . ».- ; 

By Senators Walker and Hunt of Moore: u '., ,: ;.. ■; ; •1-'. 



June 17, 1986 



1986] SENATE JOURNAL 67 

S. B. 1265, a bill to appropriate funds for Hospice of Chatham County. 
Referred to Appropriations Committee. 

By Senators Walker and Hunt of Moore: 

S. B. 1266, a bill to appropriate funds to the Town of Pittsboro for its bicentennial 
celebration. 
Referred to Appropriations Committee. 

WITHDRAWAL FROM CONSIDERATION 

S. B. 872, a bill to provide matching funds to Memorial Mission Hospital in Asheville to 
provide a helicopter service. 

On motion of Senator Swain the rules are suspended and the bill is taken from the 
Appropriations Committee, and is placed before the Senate for immediate consideration. 

Senator Swain offers a motion to withdraw the bill, which motion prevails. 

The Chair orders the bill returned to the Office of the Principal Clerk. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H. B. 1446, a bill providing that a multistate corporation that receives an income tax 
credit for property taxes paid to a governmental unit in this State must add the total 
amount of the credit to its State taxable income and may not apply an apportionment 
factor to the credit. 

Referred to Finance Committee. 

H. B. 1452, a bill making technical amendments to the revenue laws. 
Referred to Finance Committee. 

H. B. 1520, a bill to vahdate local improvement assessments heretofore levied and 
assessed by the Town Council of the Town of Tarboro. 
Referred to Finance Committee. 

H. B. 1521, a bill to permit the Town of Tarboro to increase its parking penalties. 
Referred to Local Government and Regional Affairs Committee. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

H. J. R. 1605, a joint resolution authorizing the 1985 General Assembly, 1986 Session, 
to consider a bill to be entitled an act to amend the North Carolina Regional Reciprocal 
Banking Act. 

Referred to Rules and Operation of the Senate Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S. B. 642 (Committee Substitute), a bill to amend the provisions of Chapter 64 of the 
General Statutes concerning the right of nonresident aliens to inherit property located in 
North Carolina, for concurrence in House Amendment No. 1. 



June 17, 1986 



68 SENATE JOURNAL [Second Session 

On motion of Senator Cobb, the Senate concurs in House Amendment No. 1, and the 
Committee Substitute bill is ordered enrolled. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Barnes for the Judiciary I Committee: 

H. B. 939, a bill to amend the Nonprofit Corporation Act contained in Chapter 55A of 
the General Statutes of North Carolina as recommended by the General Statutes Commis- 
sion, with an unfavorable report as to bill, but favorable as to Senate Committee Sub- 
stitute bill. 

On motion of Senator Barnes, the rules are suspended and the Senate Committee 
Substitute bill, which changes the title to read, H. B. 939 (Senate Committee Substitute), 
a bill to amend the Nonprofit Corporation Act contained in Chapter 55A of the General 
Statutes of North Carolina as recommended by the General Statutes Commission; and to 
amend the Business Corporation Act contained in Chapter 55 of the General Statutes of 
North Carolina to provide for restrictions on cumulative voting for directors and on caUing 
meetings of stockholders of publicly held companies, is placed before the Senate for 
immediate consideration. 

On motion of Senator Barnes, the Senate Committee Substitute bill is adopted, and on 
his further motion is placed on the Calendar for Thursday, June 19. 

On motion of Senator Harrington, seconded by Senator Walker, the Senate adjourns to 
meet tomorrow at 1:30 P.M. 



ONE HUNDRED TWENTY-EIGHTH DAY 

Senate Chamber, 
Wednesday, June 18, 1986. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by the Reverend Clyde Dunn, Associate Director of the Conference on 
Council of Ministries of the North Carohna Conference of the United Methodist Church, 
Raleigh, as follows: 

"Almighty God, Who has been our help in ages past and are our hope for years to come: 

"We implore Thy blessing upon our Nation and our State. Grant us peaceful times and 
fruitful seasons. Bless our homes, prosper our industries; govern and protect Thy ser- 
vants; the President of the United States, the Governor of this State, and all lawmakers 
and judges. Unite the hearts of the people to dwell together in concord; and enrich our land 
with hberty and order, godliness, and power. 

"We pray especially You will bless all who gather here to make difficult decisions. Grant 
them wisdom and understanding, strength, and courage that all that is done may be for 



June 18, 1986 



1986] SENATE JOURNAL 69 

the good of the world and the glory of Thy Name: through Jesus Christ, our Lord. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence to Senators Ballenger and Williams for today. 

PRESENTATION TO SENATE 

On motion of Senator Swain, the rules are suspended to the end that a group of students 
from North Buncombe High School and their teacher may bring into the Chamber a gift to 
present to the North Carolina Senate and the Office of the Lieutenant Governor. 

On motion of Senator Swain, and without objection, the Chair orders the remarks 
during the presentation be spread upon the Journal, as follows: 

The Chair recognizes Senator Swain. 

Senator Swain: "Mr. President and members of the Senate, I move that the Rules of 
the Senate be suspended to the end that a group from North Buncombe High School may 
bring into the Chamber a gift to the North Carolina Senate and make its presentation." 

Lt. Governor Jordan: "You have heard the motion by Senator Swain that the rules be 
suspended to the end that some high school students from North Buncombe High and 
their teacher, along with an object to be given to the North Carolina Senate, be allowed to 
come into the Chamber. All in favor of the motion respond by saying "aye;" (Response) 
opposed, "no." (No response) The "ayes" have it. Senator Swain and Senator Winner will 
escort the guests and their gift." 

(Desk brought into Senate Chamber by students and teacher.) (See Appendix) 

Lt. Governor Jordan: "Senator Swain is recognized." 

Senator Swain: "Mr. President and members of the Senate, about a year and a half ago, 
Mr. Dunlop — Charles Dunlop, the teacher of Vocational Education at the North Bun- 
combe High School, approached the members of the North Carolina Senate with a desire 
to demonstrate to the people of North Carolina and to the General Assembly the great 
work that is being done in the field of vocational education. At that time, we realized that 
he wanted to make a good presentation. He agreed to construct from naked wood a desk 
fitted to the appointments of the Office of Lieutenant Governor and to give to the North 
Carohna Senate an object which would demonstrate with credit the ability of the young 
people who have taken vocational education in our high schools. 

"Funded by the Democrat Men's Club of Buncombe County for the materials involved, 
the high school students have constructed this gift, and I want to introduce Mr. Dunlop, 
the teacher. Mr. Dunlop, hold your hand up, sir. All right, Mickey Hyatt from Barnards- 
ville; Mickey, hold your hand up. Doug Robinson of Weaverville; Jeff Burchette of 
Weaverville; Brian Peek, Tim Jarrett, and Chris Webb. 

"These young men constructed this for the North Carolina Senate and the Office of 
Lieutenant Governor. 

"Mr. President, I would at this time request that Mr. Doug Robinson be allowed to 



June 18, 1986 



70 SENATE JOURNAL [Second Session 

approach the Well to make the presentation." 

Lt. Governor Jordan: "Senator Swain will approach the Well with Doug Robinson and 
assist him in making preparations to make the presentation." 

(The President of the Senate relinquishes the gavel to the President Pro-Tempore, 
Senator Harrington.) 

Mr. Robinson: "Mr. President of the Senate, and all the Senators; we, the North 
Buncombe Cabinet-making Class present this desk to the North Carolina State Senate to 
reside in and be used by the Lieutenant Governor. Thank you. " (The Senate responds with 
a standing ovation.) 

Lt. Governor Jordan: "Doug, let me say on behalf of the Senate, and particularly on 
behalf of the person that happens to have the pleasure of residing in the Lieutenant 
Governor's Office right now that the furniture industry is in good shape for the future of 
North Carolina when young people can do this. I had the pleasure a few years ago of taking 
a furniture manufacturing course while I was studying forestry at State and I would say to 
you I don't even think the instructor at N. C. State could have done the kind of job that 
you've done, and I'm very pleased on behalf of the Senate to accept this, with pleasure, 
and thank all of you for your hard work and for demonstrating to us what kind of talents we 
really have in North Carolina, and for the kind of commitment that you have to follow the 
course of excellence — because that certainly demonstrates excellence. Thank you very 
much. Thank you." (Students remove the desk from the Senate Chamber and the Presi- 
dent assumes the gavel.) 

ENROLLED BILLS 

The Enrolling Clerk reports the following bill properly enrolled, and that it is duly 
ratified and sent to the office of the Secretary of State: 

S. B. 642 (Committee Substitute), an act to amend the provisions of Chapter 64 of the 
General Statutes concerning the right of nonresident aliens to inherit property located in 
North Carolina. (Ch. 797) 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Johnson of Wake for the Insurance Committee: 

S. B. 881, a bill to make substantive changes in the insurance law as recommended by 
the Insurance Regulation Study Commission, with an unfavorable report as to bill, but 
favorable as to Committee Substitute bill. 

On motion of Senator Johnson of Wake, the rules are suspended and the Committee 
Substitute bill is placed before the Senate for immediate consideration. 

On motion of Senator Johnson of Wake, the Committee Substitute bill is adopted, and 
on his further motion is placed on the Calendar for Friday, June 20. 

By Senator Harris for the Human Resources Committee: 



June 18, 1986 



1986] SENATE JOURNAL 71 

S. B. 855, a bill to make technical corrections to the Mental Health, Mental Retardation, 
and Substance Abuse Act of 1985, and conforming changes to the General Statutes, with a 
favorable report, as amended. 

S. B. 925, a bill to amend the application fee and cost recovery provisions related to the 
IV-D child support program, with a favorable report, as amended. 

On motion of Senator Harris, the rules are suspended and the bill is placed before the 
Senate for immediate consideration, and on his further motion. Committee Amendment 
No. 1 is adopted. 

The bill, as amended, is ordered engrossed and re-referred to the Finance Committee. 

By Senator Tally for the Natural and Economic Resources and Wildlife Committee: 

S. B. 912, a bill to appropriate funds to the Office of Marine Affairs, Department of 
Administration, for personnel and operating expenses, with a favorable report. 
On motion of Senator Tally, the bill is re-referred to the Appropriations Committee. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bill is filed for introduction and is presented to the Senate, read the first 
time, and disposed of as follows: 

By Senators Plyler, Woodard, Rand, Conder, and Warren: 

S. B. 1267, a bill to appropriate funds to the North Carolina Soil and Water Conserva- 
tion Commission for an Agriculture Cost Share Program for Nonpoint Source Pollution 
Control. 

Referred to Appropriations Committee. 

WITHDRAWAL FROM CALENDAR 

H. B. 939 (Senate Committee Substitute), a bill to amend the Nonprofit Corporation 
Act contained in Chapter 55A of the General Statutes of North Carolina as recommended 
by the General Statutes Commission; and to amend the Business Corporation Act con- 
tained in Chapter 55 of the General Statutes of North Carolina to provide for restrictions 
on cumulative voting for directors and on calhng meetings of stockholders of pubhcly held 
companies. 

On motion of Senator Barnes, the Senate Committee Substitute bill is taken from the 
Calendar for Thursday, June 19, and is placed on the Calendar for today. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S. B. 917, a bill to clarify the authority of Rowan and Davidson Counties to undertake 
economic development activities, upon second reading. 
The bill passes its second reading by roll-call vote, ayes 47, noes 0, as follows: 
Voting in the affirmative: Senators Barnes, Basnight, Cobb, Conder, Ezzell, Goldston, 
Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Johnson of Wake, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, 
McDowell, McDuffie, Parnell, Plyler, Price, Rand, Rauch, Redman, Royall, Sawyer, 
Shaw, Simpson, Smith, Soles, Somers, Speed, Staton, Swain, Taft, Tally, Thomas 



June 18, 1986 



72 SENATE JOURNAL [Second Session 

of Craven, Thomas of Henderson, Walker, Ward, Warren, Watt, Winner, and 
Woodard — 47. 

Voting in the negative: None. 

The bill remains on the Calendar for further consideration upon third reading. 

S. B. 943, a bill to allow Pitt County and municipalities located therein to engage in 
economic development activities, upon second reading. 

On motion of Senator Ezzell, the bill is recommitted to the Local Government and 
Regional Affairs Committee. 

S. B. 883, a bill to amend the Charter of the City of Lexington, upon second reading. 
The bill passes its second reading by roll-call vote, ayes 46, noes 0, as follows: 
Voting in the affirmative: Senators Barnes, Basnight, Cobb, Conder, Ezzell, Goldston, 
Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDowell, McDuffie, 
Parnell, Plyler, Price, Rand, Rauch, Redman, Royall, Sawyer, Shaw, Simpson, Smith, 
Soles, Somers, Speed, Staton, Swain, Taft, Tally, Thomas of Craven, Walker, Ward, 
Warren, Watt, Winner, and Woodard — 46. 

Voting in the negative: None. • - 

The bill remains on the Calendar for further consideration upon third reading. 

S. B. 910, a bill to allow Edgecombe, Pitt, and Wilson Counties and municipalities 
located therein to engage in economic development activities, upon second reading. 

On motion of Senator Ezzell, Committee Amendment No. 1 is adopted, and is held to be 
material, constituting the first reading of the bill. The Chair orders the bill placed on the 
Calendar for Thursday, June 19, upon second reading. 

S. B. 923, a bill to clarify the authority of Richmond County to undertake economic 
development activities, upon second reading. 
The bill passes its second reading by roll-call vote, ayes 48, noes 0, as follows: 
Voting in the affirmative: Senators Barnes, Basnight, Cobb, Conder, Ezzell, Goldston, 
Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, 
McDowell, McDuffie, Parnell, Plyler, Price, Rand, Rauch, Redman, Royall, Sawyer, 
Shaw, Simpson, Smith, Soles, Somers, Speed, Staton, Swain, Taft, Tally, Thomas 
of Craven, Thomas of Henderson, Walker, Ward, Warren, Watt, Winner, and 
Woodard-— 48. 
Voting in the negative: None. " ' ' 

The bill remains on the Calendar for further consideration upon third reading. 

S. B. 931, a bill to clarify the boundary Hne between the Icard and George Hildebran 
Fire Districts in Burke County, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 47, noes 0, as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Cobb, Conder, Ezzell, Goldston, 
Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDowell, 
McDuffie, Parnell, Plyler, Price, Rand, Rauch, Redman, Royall, Sawyer, Shaw, Simp- 
son, Smith, Soles, Somers, Speed, Staton, Swain, Taft, Tally, Thomas of Craven, Thomas 
of Henderson, Walker, Ward, Warren, Watt, Winner, and Woodard — 47. 

Voting in the negative: None. 

The bill remains on the Calendar for further consideration upon third reading. 



June 18, 1986 



1986] SENATE JOURNAL 73 

S. B. 878, a bill extending the date by which Craven County may appoint a special board 
of equalization and review. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S. B. 889, a bill to permit the City of Lumberton to have five members on the local ABC 
Board. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S. B. 891, a bill to allow Randolph County to estabhsh voting precincts without regard 
to township boundaries. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S. B. 908, a bill to authorize the City of Wilson to let pubHc contracts for construction or 
repair work of fifty thousand dollars or less, and for the purchase of apparatus, supplies, 
materials or equipment for twenty thousand dollars or less pursuant to informal bids 
under G. S. 143-131. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S. B. 909, a bill to authorize the City of Wilson to purchase natural gas by using informal 
bid procedures. 

On motion of Senator Hipps, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (electronically recorded) and third readings and 
is ordered engrossed and sent to the House of Representatives. 

S. B. 911, a bill to amend the Charter of the City of Hamlet in Richmond County to effect 
the removal of certain lands from the corporate limits of said municipality. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S. B. 916, a bill to give Rowan County animal control officers the power to issue 
citations. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S. B. 919, a bill to amend the Charter of the City of States ville concerning the 
distribution of liquor profits. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S. B. 930, a bill to raise the compensation of the Buncombe County Board of Education. 
The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S. B. 935, a bill to increase the penalty for parking violations that are committed in the 
City of Greenville and are estabhshed by relying on the prima facie rule of evidence. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S. B. 941, a bill to permit the County of Currituck to regulate motor vechicles operation 
on public beaches. 



June 18, 1986 



74 SENATE JOURNAL [Second Session 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S. B. 942, a bill to clarify the emergency medical technician certification process in 
Currituck County. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S. B. 944, a bill to permit the City of New Bern to collect an attorney fee incurred as part 
of orders for demohtion of unfit dwelhngs. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

H. B. 939 (Senate Committee Substitute), a bill to amend the Nonprofit Corporation 
Act contained in Chapter 55A of the General Statutes of North Carolina as recommended 
by the General Statutes Commission; and to amend the Business Corporation Act con- 
tained in Chapter 55 of the General Statutes of North Carolina to provide for restrictions 
on cumulative voting for directors and on calling meetings of stockholders of pubHcly held 
companies. 

The Senate Committee Substitute bill passes its second (electronically recorded) and 
third readings and is ordered, without objection, sent to the House of Representatives for 
concurrence in the Senate Committee Substitute bill by special messenger. 

S. B. 950, a bill to authorize Haywood County to adopt "pre-development ordinances." 
Senator Hipps offers Amendment No. 1, which is adopted (electronically recorded), 

changing the title to read, S. B. 950, a bill to authorize Haywood and Henderson Counties 

to adopt "pre-development ordinances." 
The bill, as amended, passes its second (electronically recorded) and third readings and 

is ordered engrossed and sent to the House of Representatives. 

S. B. 951, a bill to authorize Transylvania County to adopt "pre-development ordi- 
nances." 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H. B. 1811, a bill to allow additional time for the Historic Preservation Fund of 
Edgecombe County to raise matching funds to relocate a historic structure to the Dunbar 
Community. . v» 

Referred to Appropriations Committee. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Hipps for the Children and Youth Committee: 

S. B. 939, a bill to provide for expediting child support cases as required by federal law, 



June 18, 1986 



1986] SENATE JOURNAL 75 

with an unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Hipps, the rules are suspended and the Committee Substitute bill 
is placed before the Senate for immediate consideration. 

On motion of Senator Hipps, the Committee Substitute bill is adopted, and on his 
further motion is re-referred to the Appropriations Committee. 

By Senator Thomas of Henderson for the Finance Committee: 

S. B. 901, a bill making clarifying amendments to the privilege license tax statutes, with 
a favorable report. 

S. B. 903, a bill to exempt small partnerships from penalties for failure to file in- 
formational returns when such partnerships qualify for a federal exemption from such 
penalties, with a favorable report. 

S. B. 904, a bill to update the reference to the Internal Revenue Code used in 
determining certain taxable income and tax exemptions, with a favorable report. 

S. B. 905, a bill to increase the minimum corporate franchise tax to an amount that 
covers the cost of processing franchise tax returns, with a favorable report. 

S. B. 907, a bill to provide a sales tax exemption for legal tender and for gold, silver, or 
platinum traded on a commodities exchange, with a favorable report. 

S. B. 936, a bill to provide that when a trust under a will is administered, no costs are 
assessed on personalty received if the estate of a decedent had already paid costs on the 
personalty, with a favorable report. 

CALENDAR (Continued) 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S. B, 873 (Committee Substitute), a bill to make technical changes in the insurance law 
as recommended by the Insurance Regulation Study Commission. 

Senator Johnson of Wake offers Amendment No. 1 which is adopted (electronically 
recorded). 

The Committee Substitute bill, as amended, passes its second (electronically recorded) 
and third readings and is ordered engrossed and sent to the House of Representatives. 

On motion of Senator Harrington, seconded by Senator Redman, the Senate adjourns in 
memory of America's symbol of patriotism, Kathryn Elizabeth Smith — "Kate Smith" — 
to meet tomorrow at 1:30 P.M. 



ONE HUNDRED TWENTY-NINTH DAY 

Senate Chamber, 
Thursday, June 19, 1986. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by Dr. Samuel D. McMillan, Jr., Senate Chaplain, as follows: 



June 19, 1986 



76 SENATE JOURNAL [Second Session 

"0 God of Life , we thank Thee for the high and holy privilege of serving in this Chamber; 
and we pray that we may be faithful to the stewardship which the people of this great 
State have entrusted to us. ' 

"As the debate on crucial issues becomes more intense, give to us wisdom and un- 
derstanding that we may deal objectively with each bill; and give us patience and tolerance 
that we may deal lovingly with those who do not share our views. 

"In our committee meetings and in this Chamber, deliver us from making hasty 
decisions, save us from the temptation to engage in endless debate, and inspire us to move 
with all deliberate speed in enacting laws which will serve the best interest of all the 
people of our State. 

"And in all that we say and do, make us ever mindful of the fact that we are ultimately 
accountable to You for our attitudes, our words, and our deeds. Amen." 

Senator Royall for the Rules and Operation of the Senate Committee announces that 
the Journal of yesterday has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence to Senator Harrington to attend the ground 
breaking ceremony of the Industrial Technology, Small Business Training Center of the 
Roanoke-Chowan Technical College in Ahoskie, and to Senators Ballenger and Cobb for 
today. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H. B. 647, an act to authorize Wayne County to pay bounties on beavers. (Ch. 798) 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Royall, Vice-Chairman, for the Rules and Operations of the Senate: 

S. B. 882, a bill appropriating funds for a Legislative Research Commission study on 
regulation of low-level radioactive waste, with a favorable report. 

On motion of Senator Royall, the bill is re-referred to the Appropriations Committee. 

S. J. R. 934, a joint resolution authorizing the 1985 General Assembly, 1986 Session, to 
consider a bill to be entitled an act to make a technical amendment to G. S. 143-215. 1, with 
a favorable report. 

S. J. R. 992, a joint resolution authorizing the 1985 General Assembly, 1986 Session, to 
consider a bill to be entitled an act to make technical and conforming amendments to the 
Administrative Procedure Act, with a favorable report. 

S. J. R. 1023, a joint resolution authorizing the 1985 General Assembly, 1986 Session, to 
consider a bill to be entitled an act to authorize the construction and the financing of a 



June 19, 1986 



1986] SENATE JOURNAL 77 

certain capital improvement project by the University of North Carolina at Chapel Hill, 
with a favorable report. 

H. J. R. 1442, a joint resolution authorizing the 1985 General Assembly, 1986 Session, 
to consider a bill to be entitled an act to grant general law power of eminent domain to 
county water and sewer districts, with a favorable report. 

H. J. R. 1462, a joint resolution authorizing the 1985 General Assembly, 1986 Session, 
to consider "a bill to be entitled an act to clarify the authority to transfer rights in hospital 
facilities to an AHEC program," with a favorable report. 

H. J. R. 1529, a joint resolution authorizing the 1985 General Assembly, 1986 Session, 
to consider "a bill to be entitled an act to amend the employment security law in 
compliance with federal law regarding federal-state extended unemployment compensa- 
tion," with a favorable report. 

H. J. R. 1605, a joint resolution authorizing the 1985 General Assembly, 1986 Session, 
to consider a bill to be entitled an act to amend the North Carolina Regional Reciprocal 
Banking Act, with a favorable report. 

S. B. 626, a bill to appoint persons to various public offices upon the recommendation of 
the President Pro Tempore of the Senate, with an unfavorable report as to bill, but 
favorable as to Committee Substitute bill. 

On motion of Senator Royall, the rules are suspended and the Committee Substitute bill 
is placed before the Senate for immediate consideration. 

On motion of Senator Royall, the Committee Substitute bill is adopted, and on his 
further motion is placed on the Calendar for Monday, June 23. 

By Senator Plyler for the Appropriations Committee: 

H. B. 1811, a bill to allow additional time for the Historic Preservation Fund of 
Edgecombe County to raise matching funds to relocate a historic structure to the Dunbar 
Community, with a favorable report. 

On motion of Senator Plyler, the rules are suspended and the bill is placed before the 
Senate for immediate consideration. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

By Senator Winner for the Education Committee: 

S. B. 898, a bill to encourage local boards of education to set the school calendar so that 
the first day students are required to attend classes is after Labor Day, with a favorable 
report. 

By Senator Marvin for the Pensions and Retirement Committee: 

S. B. 927, a bill to amend the law regarding retirement as it applies to the Wilson 
Industrial Council, with a favorable report. 

S. B. 962, a bill to increase the retirement formula for active and retired members of the 
Teachers' and State Employees' Retirement System, with a favorable report. 

On motion of Senator Marvin, the bill is re-referred to the Appropriations Committee. 

S. B. 897, a bill to provide a supplemental retirement fund for firemen in the City of 



June 19, 1986 



78 SENATE JOURNAL [Second Session 

Whiteville and to modify the application of G. S. 118-5, G. S. 118-6, and G. S. 118-7 to the 
City of Whiteville, with an unfavorable report as to bill, but favorable as to Committee 
Substitute bill. 

On motion of Senator Marvin, the rules are suspended and the Committee Substitute 
bill, which changes the title to read S. B. 897 (Committee Substitute), a bill to amend the 
law providing a Supplemental Retirement Fund for firemen in the City of Whiteville, is 
placed before the Senate for immediate consideration. 

On motion of Senator Marvin, the Committee Substitute bill is adopted, and on her 
further motion is placed on the Calendar for Monday, June 23. 

By Senator Swain for the Judiciary III Committee: 

H. B. 86 (Committee Substitute), a bill to authorize the court to extend a period of 
probation to allow the defendant to complete payment of restitution or continue treat- 
ment, with an unfavorable report as to bill, but favorable as to Senate Committee 
Substitute bill. 

On motion of Senator Swain, the rules are suspended and the Senate Committee 
Substitute bill, which changes the title to read H. B. 86 (Senate Committee Substitute), a 
bill to authorize the court to extend a period of probation to allow the defendant to 
complete payment of restitution or continue treatment and to clarify parole eligibility, is 
placed before the Senate for immediate consideration. 

On motion of Senator Swain, the Senate Committee Substitute bill is adopted, and on 
his further motion is placed on the Calendar for Monday, June 23. 

H. B. 578 (Committee Substitute No. 2), a bill to confirm the establishment of an 
elevator and amusement device division in the Department of Labor and to set out the 
powers and duties of the Commissioner of Labor dealing with the regulation of elevators, 
amusement devices and related equipment, with an unfavorable report as to bill, but 
favorable as to Senate Committee Substitute bill. 

On motion of Senator Swain, the rules are suspended and the Senate Committee 
Substitute bill is placed before the Senate for immediate consideration. 

On motion of Senator Swain, the Senate Committee Substitute bill is adopted, and on 
his further motion is re-referred to the Appropriations Committee. 

By Senator Soles for the Judiciary IV Committee: 

S. B. 892, a bill to make provisions for filhng unexpired terms for superior court judge in 
the same year as full terms, by considering unexpired terms as separate offices for the 
purpose of applying a designated seat rule, with a favorable report. 

S. B. 893, a bill to eliminate numbered seats for election of judges of the superior court 
to meet objections under Section 5 of the Voting Rights Act, with a favorable report. 

S. B. 922, a bill to make provisions for filhng unexpired terms for superior court judge in 
the same year as full terms, without applying a designated seat rule except when the 
vacancy occurs so close to the election that it is an administrative necessity, with a 
favorable report. 

H. B. 810, a bill to amend the Constitution by making the same provisions for filling 
vacancies in the Council of State as is provided for vacancies in the General Assembly, and 
by amending the General Statutes to implement that amendment by providing that such 
vacancies shall be filled with the person recommended by the State Executive Committee 
of the party that nominated the Council of State member, with an unfavorable report as to 
bill, but favorable as to Senate Committee Substitute bill. 



June 19, 1986 



1986] SENATE JOURNAL 79 

On motion of Senator Soles, the rules are suspended and the Senate Committee 
Substitute bill, which changes the title to read H. B. 810 (Senate Committee Substitute), a 
bill to repeal the act calling for a referendum on gubernatorial succession, is placed before 
the Senate for immediate consideration. 

On motion of Senator Soles, the Senate Committee Substitute bill is adopted, and on his 
further motion is placed on the Calendar for Tuesday, June 24. 

H. B. 306, a bill to amend Article V of the Constitution of North Carolina to permit the 
General Assembly to grant to appropriate pubUc bodies in the State additional powers to 
develop new and existing seaports and airports, including powers to finance and refinance 
for public and private parties seaport and airport and related faciUties and improvements, 
with an unfavorable report as to bill, but favorable as to Senate Committee Substitute bill. 

On motion of Senator Soles, the rules are suspended and the Senate Committee 
Substitute bill, which changes the title to read H. B. 306 (Senate Committee Substitute), a 
bill to amend Article V of the Constitution of North Carolina to permit the General 
Assembly to grant to the State and other pubUc bodies in the State additional powers to 
develop new and existing seaports and airports, including powers to finance and refinance 
for public and private parties seaport and airport and related faciUties and improvements, 
is placed before the Senate for immediate consideration. 

On motion of Senator Soles, the Senate Committee Substitute bill is adopted, and on his 
further motion is placed on the Calendar for Tuesday, June 24. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H. B. 1811, an act to allow additional time for the Historic Preservation Fund of 
Edgecombe County to raise matching funds to relocate a historic structure to the Dunbar 
Community. (Ch. 799) 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Tally, Walker, Ward, and Kaplan: 

S. B. 1268, a bill to appropriate funds for historic preservation. 
Referred to Appropriations Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S. B. 883, a bill to amend the Charter of the City of Lexington, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 46, noes 0, as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Conder, Ezzell, Goldston, Guy, 
Hardison, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, Johnson 
of Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDowell, McDuf- 
fie, Parnell, Plyler, Price, Rand, Rauch, Redman, Royall, Sawyer, Shaw, Simpson, 
Smith, Soles, Speed, Staton, Swain, Taft, Tally, Thomas of Craven, Thomas of Hender- 
son, Walker, Ward, Warren, Watt, Williams, Winner, and Woodard — 46. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

June 19, 1986 



80 SENATE JOURNAL [Second Session 

S. B. 917, a bill to clarify the authority of Rowan and Davidson Counties to undertake 
economic development activities, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 46, noes 0, as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Conder, Ezzell, Goldston, Guy, 
Hardison, Harris, Hipps, Hunt of Durham, HuntofMoore, Johnson of Cabarrus, Johnson 
of Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDowell, McDuf- 
fie, Parnell, Plyler, Price, Rand, Rauch, Redman, Royall, Sawyer, Shaw, Simpson, 
Smith, Soles, Speed, Staton, Swain, Taft, Tally, Thomas of Craven, Thomas of Hender- 
son, Walker, Ward, Warren, Watt, Williams, Winner, and Woodard — 46. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

S. B. 923, a bill to clarify the authority of Richmond County to undertake economic 
development activities, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 46, noes 0, as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Conder, Ezzell, Goldston, Guy, 
Hardison, Harris, Hipps, Hunt of Durham, HuntofMoore, Johnson of Cabarrus, Johnson 
of Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDowell, McDuf- 
fie, Parnell, Plyler, Price, Rand, Rauch, Redman, Royall, Sawyer, Shaw, Simpson, 
Smith, Soles, Speed, Staton, Swain, Taft, Tally, Thomas of Craven, Thomas of Hender- 
son, Walker, Ward, Warren, Watt, Williams, Winner, and Woodard — 46. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

S. B. 931, a bill to clarify the boundary line between the Icard and George Hildebran 
Fire Districts in Burke County, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 46, noes 0, as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Conder, Ezzell, Goldston, Guy, 
Hardison, Harris, Hipps, Hunt of Durham, HuntofMoore, Johnson of Cabarrus, Johnson 
of Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDowell, McDuf- 
fie, Parnell, Plyler, Price, Rand, Rauch, Redman, Royall, Sawyer, Shaw, Simpson, 
Smith, Soles, Speed, Staton, Swain, Taft, Tally, Thomas of Craven, Thomas of Hender- 
son, Walker, Ward, Warren, Watt, Williams, Winner, and Woodard — 46. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. /■'>"' 

S. B. 910, a bill to allow Edgecombe, Pitt, and Wilson Counties and municipalities 
located therein to engage in economic development activities, as amended, upon second 
reading. 

The bill, as amended, passes its second reading by roll-call vote, ayes 44, noes 0, as 
follows: 

Voting in the affirmative: Senators Barnes, Basnight, Conder, Ezzell, Goldston, Guy, 
Hardison, Harris, Hipps, Hunt of Durham, HuntofMoore, Johnson of Cabarrus, Johnson 
of Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDowell, McDuf- 
fie, Parnell, Plyler, Price, Rand, Rauch, Redman, Royall, Sawyer, Simpson, Smith, 
Soles, Speed, Staton, Swain, Taft, Tally, Thomas of Henderson, Walker, Ward, Warren, 
Watt, Williams, Winner, and Woodard — 44. 

Voting in the negative: None. 

The bill, as amended, remains on the Calendar for further consideration upon third 
reading. 



June 19, 1986 



1986] SENATE JOURNAL 81 

S. B. 901, a bill making clarifying amendments to the privilege license tax statutes, 
upon second reading. 

The bill passes its second reading by roll-call vote, ayes 46, noes 0, as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Conder, Ezzell, Goldston, Guy, 
Hardison, Harris, Hipps, Hunt of Durham, HuntofMoore, Johnson of Cabarrus, Johnson 
of Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDowell, McDuf- 
fie, Parnell, Plyler, Price, Rand, Rauch, Redman, Royall, Sawyer, Shaw, Simpson, 
Smith, Soles, Speed, Staton, Swain, Taft, Tally, Thomas of Craven, Thomas of Hender- 
son, Walker, Ward, Warren, Watt, Williams, Winner, and Woodard — 46. 

Voting in the negative: None. 

The bill remains on the Calendar for further consideration upon third reading. 

S. B. 904, a bill to update the reference to the Internal Revenue Code used in 
determining certain taxable income and tax exemptions, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 45, noes 1, as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Conder, Ezzell, Goldston, Guy, 
Hardison, Harris, Hipps, Hunt of Durham, HuntofMoore, Johnson of Cabarrus, Johnson 
of Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDowell, McDuf- 
fie, Parnell, Plyler, Price, Rand, Rauch, Redman, Royall, Sawyer, Shaw, Smith, Soles, 
Speed, Staton, Swain, Taft, Tally, Thomas of Craven, Thomas of Henderson, Walker, 
Ward, Warren, Watt, Williams, Winner, and Woodard — 45. 

Voting in the negative: Senator Simpson — 1. 

The bill remains on the Calendar for further consideration upon third reading. 

S. B. 905, a bill to increase the minimum corporate franchise tax to an amount that 
covers the cost of processing franchise tax returns, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 44, noes 1, as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Ezzell, Goldston, Guy, Hardison, 
Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, 
Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDowell, McDuffie, Par- 
nell, Plyler, Price, Rand, Rauch, Redman, Royall, Shaw, Simpson, Smith, Soles, Speed, 
Staton, Swain, Taft, Tally, Thomas of Craven, Thomas of Henderson, Walker, Ward, 
Warren, Watt, Williams, Winner, and Woodard — 44. 

Voting in the negative: Senator Sawyer — 1. 

The bill remains on the Calendar for further consideration upon third reading. 

S. B. 936, a bill to provide that when a trust under a will is administered, no costs are 
assessed on personalty received if the estate of a decedent had already paid costs on the 
personalty, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 44, noes 0, as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Ezzell, Goldston, Guy, Hardison, 
Hipps, Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, 
Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDowell, McDuffie, Parnell, Plyler, 
Price, Rand, Rauch, Redman, Royall, Sawyer, Shaw, Simpson, Smith, Soles, Speed, 
Staton, Swain, Taft, Tally, Thomas of Craven, Thomas of Henderson, Walker, Ward, 
Warren, Watt, Williams, Winner, and Woodard — 44. 

Voting in the negative: None. 

The bill remains on the Calendar for further consideration upon third reading. 

S. B. 855, a bill to make technical corrections to the Mental Health, Mental Retardation, 
and Substance Abuse Act of 1985, and conforming changes to the General Statutes, 



June 19, 1986 



82 SENATE JOURNAL [Second Session 

upon second reading. 

On motion of Senator Royall, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (electronically recorded) and third readings and 
is ordered engrossed and sent to the House of Representatives. 

S. B. 903, a bill to exempt small partnerships from penalties for failure to file in- 
formational returns when such partnerships qualify for a federal exemption from such 
penalties. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S. B. 907, a bill to provide a sales tax exemption for legal tender and for gold, silver, or 
platinum traded on a commodities exchange. 
Without objection, consideration of the bill is postponed until Tuesday, June 24. 

H. B. 377 (Senate Committee Substitute), a bill to be known as The North CaroUna 
Condominium Act as recommended by the General Statutes Commission. 

The Senate Committee Substitute bill passes its second reading (electronically re- 
corded). 

On motion of Senator Ezzell, consideration of the Senate Committee Substitute bill, 
upon third reading, is postponed until Tuesday, June 24. 

On motion of Senator Royall, seconded by Senator Rand, the Senate adjourns to meet 
tomorrow at 10:00 A.M. 



ONE HUNDRED THIRTIETH DAY 

Senate Chamber, 
Friday, June 20, 1986. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan HI, Lieutenant Governor. ' 

Prayer is offered by Dr. Samuel D. McMillan, Jr., Senate Chaplain, as follows: 

"0 God of Justice, we thank Thee for this great land in which we Hve, and we pray that 
we may ever protect her freedoms and advance the cause of her ideals. 

"Deliver us from coldness of heart, from petty politics, from selfish goals, and from 
indifference to the needs of the poor and the needy. 

"In this Chamber and in the Chambers of the U.S. Congress, we pray that we may enact 
laws which will ensure that we shall be a nation under God with liberty and justice for all, 
and that in our land justice will flow down like waters, and righteousness like an everflow- 
ing stream. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence to Senator Cobb to attend meetings of the Board 
of Governors of the North CaroHna Bar Association; Senator Smith to attend the Southern 



June 20, 1986 



1986] SENATE JOURNAL 83 

Regional Education Board meeting in Boca Raton, Florida; and to Senators Ballenger, 
McDuffie, Kincaid, Kaplan, and Staton for today. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S. J. R. 1180, a joint resolution authorizing the 1985 General Assembly, 1986 Session, to 
consider a joint resolution honoring the life and memory of Sankey Wright Robinson. 
(Res. 35) 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Ward, Barnes, Hardison, Harrington, Harris, Plyler, Rand, Tally, Walk- 
er, Warren, and Winner: 

S. B. 1269, a bill to estabhsh a Commission on Salary Schedules for Pubhc School 
Employees. 
Referred to Rules and Operation of the Senate Committee. 

By Senator Redman: 

S. B. 1270, a bill to transfer sales and use taxes on motor vehicle parts, accessories and 
lubricants to the General Fund. 
Referred to Finance Committee. 

By Senators Rauch, Conder, and Martin of Pitt: 

S. B. 1271, a bill to authorize cities and counties to levy occupancy taxes. 
Referred to Finance Committee. 

By Senator Hardison: 

S. B. 1272, a bill to appropriate funds to replace fire equipment destroyed or damaged in 
the fire in Pender and Duplin Counties. 
Referred to Appropriations Committee. 

By Senators Guy, Staton, Thomas of Henderson, and Winner: 

S. B. 1273, a bill to provide that when a motor vehicle is transferred incident to 
organization of a partnership or corporation, and no gain or loss would be recognized for 
income tax purposes on such transfer, no sales tax is due on such transfer. 

Referred to Finance Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

S. B. 634 (Committee Substitute), a bill to permit grand juries to investigate drug 
trafficking, to increase the maximum term of imprisonment for criminal contempt for 



June 20, 1986 



84 SENATE JOURNAL [Second Session 

refusing to testify after being granted immunity, and to limit the scope of immunity 
granted witnesses to use immunity, for concurrence in House Amendments No. 1, No. 2, 
No. 3, No. 4, No. 5, No. 6, and No. 7. 

On motion of Senator Rand, the rules are suspended, and the Committee Substitute bill 
is placed before the Senate for immediate consideration. 

Senator Rand moves that the Senate do not concur in House Amendments No. 1, No. 2, 
No. 3, No. 4, No. 5, No. 6, and No. 7, and further moves that the President appoint 
conferees, which motions prevail. 

The President appoints Senators Rand, Hipps, and Warren as conferees on the part of 
the Senate to resolve the differences arising between the two Bodies, and a message is 
ordered sent to the House of Representatives informing that Honorable Body of such 
action and requesting conferees. 

H. B. 1469, a bill to authorize the Town of Highlands to adopt and enact ordinances 
regulating the removal, replacement, and preservation of trees within the Town of 
Highlands. 

Referred to Local Government and Regional Affairs Committee. 

H. B. 1481, a bill to allow Davie County ordinances regulating waste disposal to apply 
countywide, and to authorize Davie County to enter into long term contracts for disposal 
of sohd waste. 

Referred to Local Government and Regional Affairs Committee. 

H. B. 1508, a bill to amend the Charter of the City of Lexington. 
Without objection, the Chair orders the bill placed on the Calendar for Wednesday, 
June 25, upon second reading. 

H. B. 1522, a bill to provide for four-year terms for the Mayor and Board of Commission- 
ers of the Town of Falkland. 
Referred to Local Government and Regional Affairs Committee. 

H. B. 1539, a bill to update the Charter of the City of Greensboro consistent with State 
law. 

Referred to Local Government and Regional Affairs Committee. 

H. B. 1552, a bill concerning construction and operation of dock faciUties on property 
owned by the Town of Manteo. 

Referred to Local Government and Regional Affairs Committee. 

H. B. 1572, a bill to provide for the election of the Board of Directors of the Danieltown 
Volunteer Fire Department. 
Referred to Local Government and Regional Affairs Committee. 

H. B. 1575, a bill to extend the law enforcement jurisdiction of city law enforcement 
officers assigned to the Gaston County Drug Enforcement Unit. 
Referred to Local Government and Regional Affairs Committee. 

H. B. 1611, a bill to provide for construction of an athletic field house at East Duplin 
High School. 

Referred to Local Government and Regional Affairs Committee. 

H. B. 1630, a bill to authorize Gaston County to enter into long term contracts for 
disposal of solid waste. 



June 20, 1986 



1986] SENATE JOURNAL 85 

Referred to Local Government and Regional Affairs Commitee. 

H. B. 1637, a bill to authorize Transylvania County to adopt "pre-development ordi- 
nances." 

Without objection, the Chair orders the bill placed on the Calendar for Wednesday, 
June 25, upon second reading. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S. B. 910, a bill to allow Edgecombe, Pitt, and Wilson Counties and municipalities 
located therein to engage in economic development activities, as amended, upon third 
reading. 

The bill, as amended, passes its third reading by roll-call vote, ayes 38, noes 0, as 
follows: 

Voting in the affirmative: Senators Barnes, Basnight, Conder, Goldston, Guy, Hardi- 
son, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, 
Johnson of Wake, Martin of Pitt, Martin of Guilford, Marvin, McDowell, Parnell, Plyler, 
Price, Rand, Rauch, Redman, Royall, Sawyer, Shaw, Simpson, Swain, Taft, Tally, 
Thomas of Henderson, Walker, Ward, Warren, Watt, Williams, Winner, and 
Woodard— 38. 

Voting in the negative: None. 

The bill, as amended, is ordered engrossed and sent to the House of Representatives. 

S. B. 927, a bill to amend the law regarding retirement as it applies to the Wilson 
Industrial Council. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S. B. 901, a bill making clarifying amendments to the privilege Ucense tax statutes, 
upon third reading. 

The bill passes its third reading by roll-call vote, ayes 38, noes 0, as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Conder, Ezzell, Goldston, Guy, 
Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Johnson of Wake, Martin of Pitt, Martin of Guilford, Marvin, McDowell, 
Parnell, Plyler, Price, Rand, Rauch, Redman, Royall, Sawyer, Shaw, Simpson, Swain, 
Taft, Tally, Thomas of Henderson, Ward, Warren, Watt, Williams, Winner, and Wood- 
ard— 38. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

S. B. 904, a bill to update the reference to the Internal Revenue Code used in 
determining certain taxable income and tax exemptions, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 40, noes 0, as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Conder, Ezzell, Goldston, Guy, 
Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Johnson of Wake, Martin of Pitt, Martin of Guilford, Marvin, McDowell, 
Parnell, Plyler, Price, Rand, Rauch, Redman, Royall, Sawyer, Shaw, Simpson, Speed, 
Swain, Taft, Tally, Thomas of Henderson, Walker, Ward, Warren, Watt, Williams, 
Winner, and Woodard — 40. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 



June 20, 1986 



86 SENATE JOURNAL [Second Session 

S. B. 905, a bill to increase the minimum corporate franchise tax to an amount that 
covers the cost of processing franchise tax returns, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 39, noes 1, as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Conder, Ezzell, Goldston, Guy, 
Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Johnson of Wake, Martin of Pitt, Martin of Guilford, Marvin, McDowell, 
Parnell, Plyler, Price, Rand, Rauch, Redman, Royall, Shaw, Simpson, Speed, Swain, 
Taft, Tally, Thomas of Henderson, Walker, Ward, Warren, Watt, Williams, Winner, and 
Woodard— 39. 

Voting in the negative: Senator Sawyer — 1. 

The bill is ordered sent to the House of Representatives. 

S. B. 936, a bill to provide that when a trust under a will is administered, no costs are 
assessed on personalty received if the estate of a decedent had already paid costs on the 
personalty, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 39, noes 0, as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Conder, Ezzell, Goldston, Guy, 
Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Johnson of Wake, Martin of Pitt, Martin of Guilford, Marvin, McDowell, 
Parnell, Plyler, Price, Rand, Rauch, Redman, Sawyer, Shaw, Simpson, Speed, Swain, 
Taft, Tally, Thomas of Henderson, Walker, Ward, Warren, Watt, Williams, Winner, and 
Woodard— 39. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

S. B. 881 (Committee Substitute), a bill to make substantive changes in the insurance 
law as recommended by the Insurance Regulation Study Commission, upon second 
reading. 

The Committee Substitute bill passes its second reading by roll-call vote, ayes 39, 
noes 0, as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Conder, Ezzell, Goldston, Guy, 
Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Johnson of Wake, Martin of Pitt, Martin of Guilford, Marvin, McDowell, 
Parnell, Plyler, Price, Rand, Redman, Royall, Sav/yer, Shaw, Simpson, Speed, Swain, 
Taft, Tally, Thomas of Henderson, Walker, Ward, Warren, Watt, Williams, Winner, and 
Woodard— 39. 

Voting in the negative: None. 

On motion of Senator Johnson of Wake, the Committee Substitute bill is placed on the 
Calendar for Tuesday, June 24, for further consideration upon third reading. 

S. B. 893, a bill to eliminate numbered seats for election of judges of the superior court 
to meet objections under Section 5 of the Voting Rights Act. 

The bill passes its second (electronically recorded) reading. 

On objection of Senator Simpson to its third reading, the bill remains on the Calendar 
for Monday, June 23, for further consideration. 

S. B. 892, a bill to make provisions for filling unexpired terms for superior court judge in 
the same year as full terms, by considering unexpired terms as separate offices for the 
purpose of applying a designated seat rule. 

The bill passes its second (electronically recorded) reading. 



June 20, 1986 



1986] SENATE JOURNAL 87 

On objection of Senator Watt to its third reading, the bill remains on the Calendar for 
Monday, June 23, for further consideration. 

S. B. 922, a bill to make provisions for filling unexpired terms for superior court judge in 
the same year as full terms, without applying a designated seat rule except when the 
vacancy occurs so close to the election that it is an administrative necessity. 

The bill passes its second (electronically recorded) reading. 

On objection of Senator Winner to its third reading, the bill remains on the Calendar for 
Monday, June 23, for further consideration. 

S. B. 898, a bill to encourage local boards of education to set the school calendar so that 
the first day students are required to attend classes is after Labor Day. 

Senator Johnson of Wake offers Amendment No. 1 which is adopted (electronically 
recorded). 

The bill, as amended, passes its second reading (electronically recorded). 

On objection of Senator Warren to its third reading, the bill, as amended, remains on 
the Calendar for Monday, June 23, for further consideration. 

S. J. R. 934, a joint resolution authorizing the 1985 General Assembly, 1986 Session, to 
consider a bill to be entitled an act to make a technical amendment to G. S. 143-215.1. 

The joint resolution passes its second (electronically recorded) and third readings and is 
ordered sent to the House of Representatives. 

S. J. R. 992, a joint resolution authorizing the 1985 General Assembly, 1986 Session, to 
consider a bill to be entitled an act to make technical and conforming amendments to the 
Administrative Procedure Act. 

The joint resolution passes its second (electronically recorded) and third readings and is 
ordered sent to the House of Representatives. 

S. J. R. 1023, a joint resolution authorizing the 1985 General Assembly, 1986 Session, to 
consider a bill to be entitled an act to authorize the construction and the financing of a 
certain capital improvement project by the University of North Carolina at Chapel Hill. 

The Chair rules that enabling legislation is not required pursuant to Resolution 34 and, 
without objection, removes the joint resolution from the Calendar. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

S. B. 1024, a bill to authorize the construction and the financing of a certain capital 
improvement project by the University of North Carolina at Chapel Hill. 

Pursuant to the ruling of the Chair, the bill is recalled from the Principal Clerk's Office, 
read the first time, and referred to the Finance Committee. 

CALENDAR (Continued) 

H. J. R. 1442, a joint resolution authorizing the 1985 General Assembly, 1986 Session, 
to consider a bill to be entitled an act to grant general law power of eminent domain to 
county water and sewer districts. 

The joint resolution passes its second (electronically recorded) and third readings and is 
ordered enrolled. 

H. J. R. 1462, a joint resolution authorizing the 1985 General Assembly, 1986 Session, 
to consider "a bill to be entitled an act to clarify the authority to transfer rights in hospital 
facilities to an AHEC program." 



June 20, 1986 



88 SENATE JOURNAL [Second Session 

The joint resolution passes its second (electronically recorded) and third readings and is 
ordered enrolled. 

H. J. R. 1529, a joint resolution authorizing the 1985 General Assembly, 1986 Session, 
to consider "a bill to be entitled an act to amend the employment security law in 
compliance with federal law regarding federal-state extended unemployment compensa- 
tion." 

The joint resolution passes its second (electronically recorded) and third readings and is 
ordered enrolled. . , , , , 

H. J. R. 1605, a joint resolution authorizing the 1985 General Assembly, 1986 Session, 
to consider a bill to be entitled an act to amend the North Carolina Regional Reciprocal 
Banking Act. 

The joint resolution passes its second (electronically recorded) and third readings and is 
is ordered enrolled. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Senator Plyler moves that Rule 40 be suspended to allow the introduction and referral 
to committee of the following bill, which motion prevails by a two-thirds majority vote. 

By Senators Plyler, Rand, and Royall: 

S. B. 1277, a bill to modify the current operations and capital improvements appropria- 
tions for North Carolina State Government for the 1986-87 fiscal year and to make other 
changes in the budget operation of the State. 

Referred to Appropriations Committee. 

On motion of Senator Harrington, seconded by Senator Hardison, the Senate adjourns 
to meet Monday, June 23, at 7:00 P.M. 



ONE HUNDRED THIRTY-FIRST DAY 

Senate Chamber, 
Monday, June 23, 1986. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by the Reverend Rufus H. Stark II, Executive Director, Methodist 
Home for Children, Raleigh, as follows: 

"Gracious God, You know all things and You are present to be received into the hearts of 
all who will open to You. I, therefore pray Your blessing upon the Senate of the State of 
North Carolina here assembled. We Give You thanks for times of refreshment in the 
weekend just passed. As we now take up the issues that call our attention grant us a 
healthy state of mind. We easily notice the prominent, outspoken, financially significant 
voices. May we be equally sensitive to the ordinary, quiet people of modest means and 
those who face want and desperation. You have told us in more ways than one that every 
human being counts with You. May we remember that as we do this work tonight. Amen." 



June 23, 1986 



1986] SENATE JOURNAL 89 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of Friday, June 20, has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

The President grants leaves of absence to Senator Johnson of Wake to attend the 
Conference of Insurance Regulators in Asheville, and to Senator Rauch for tonight. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H. J. R. 1442, a joint resolution authorizing the 1985 General Assembly, 1986 Session, 
to consider a bill to be entitled an act to grant general law power of eminent domain to 
county water and sewer districts. (Res. 36) 

H. J. R. 1462, a joint resolution authorizing the 1985 General Assembly, 1986 Session, 
to consider "a bill to be entitled an act to clarify the authority to transfer rights in hospital 
facilities to an AHEC program." (Res. 37) 

H. J. R. 1529, a joint resolution authorizing the 1985 General Assembly, 1986 Session, 
to consider "a bill to be entitled an act to amend the employment security law in 
compliance with federal law regarding federal-state extended unemployment compensa- 
tion." (Res. 38) 

H. J. R. 1605, a joint resolution authorizing the 1985 General Assembly, 1986 Session, 
to consider a bill to be entitled an act to amend the North Caroli^ Regional Reciprocal 
Banking Act. (Res. 39) 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Conder and Plyler: 

S. B. 1274, a bill to appropriate funds for the Southern Piedmont Adult Children 
Center. 
Referred to Appropriations Committee. 

By Senators Winner and Swain: 

S. B. 1275, a bill to appropriate funds for WCQS-FM Public Radio, serving western 
North Carolina. 
Referred to Appropriations Committee. 

By Senators Rauch, Winner, Rand, and Taft: 

S. B. 1276, a bill to appropriate funds to the North Carolina Council on the Holocaust. 
Referred to Appropriations Committee. 

Senator Ezzell moves that Rule 40 be suspended to allow the introduction and referral 
to committee of the following bill which motion prevails without objection. 



June 23, 1986 



90 SENATE JOURNAL [Second Session 

S. B. 1278, a bill to appropriate funds for the Nash County Cultural Center. 
Referred to Appropriations Committee. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

S. B. 634 (Committee Substitute) House of Representatives 

June 20, 1986 

Mr. President: 

Pursuant to your information that your Honorable Body failed to concur in House 
Amendments to Committee Substitute S. B. 634, A BILL TO BE ENTITLED AN ACT 
TO PERMIT GRAND JURIES TO INVESTIGATE DRUG TRAFFICKING, TO IN- 
CREASE THE MAXIMUM TERM OF IMPRISIONMENT FOR CRIMINAL CON- 
TEMPT FOR REFUSING TO TESTIFY AFTER BEING GRANTED IMMUNITY, 
AND TO LIMIT THE SCOPE OF IMMUNITY GRANTED WITNESSES TO USE 
IMMUNITY the Speaker has appointed as conferees on the part of the House, Repre- 
sentatives Pulley, Evans, and Michaux to act with a hke committee on the part of the 
Senate to the end that the differences existing between the two bodies may be adjusted. 

Respectfully, 
S/ Grace A. Collins 
/ Principal Clerk 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H. B. 1428, a bill to allow the Graham County Industrial Development Authority and 
Graham County to convey the golf course property at private sale, and to validate a 
mortgage. 

Referred to Local Government and Regional Affairs Committee. 

H. B. 1460, a bill to require cities and counties to file copies of Home Rule Charter 
Amendments with the Secretary of State and the Legislative Library. 
Referred to Judiciary II Committee. 

H. B. 1465, a bill to allow Randolph County to estabUsh voting precincts without regard 
to township boundaries. 

Referred to Local Government and Regional Affairs Committee. 

H. B. 1470 (Committee Substitute), a bill to permit the City of Burlington to convey at 
private sale to The Gallery Players, Incorporated, the Paramount Theatre and certain 
adjacent properties. 

Referred to Local Government and Regional Affairs Committee. 

H. B . 1544 , a bill to allow members of the Juvenile Law Study Commission to serve until 
their successors are appointed. 

Referred to Rules and Operation of the Senate Committee. 



June 23, 1986 



1986] SENATE JOURNAL 91 

H. B. 1554, a bill to raise the compensation of the Buncombe County Board of Educa- 
tion. 

Referred to Local Government and Regional Affairs Committee. 

H. B. 1558, a bill to provide for the appointment of Trustees for Albemarle Hospital in 
Pasquotank County. 

Referred to Local Government and Regional Affairs Committee. 

H. B. 1561, a bill to ratify certain actions of the Town of Weddington and the City of 
Charlotte. 
Referred to Local Government and Regional Affairs Committee. 

H. B. 1578, a bill to increase the season bag limit for foxes in Bladen County. 
Referred to Natural and Economic Resources and Wildlife Committtee. 

H. B. 1579, a bill to create the Elizabethtown Airport and Economic Development 
Commission. 

Referred to Local Government and Regional Affairs Committee. 

H. B. 1581, a bill to make revisions in the Charter of the City of Kinston. 
Referred to Local Government and Regional Affairs Committee. 

H. B. 1582, a bill to change the Charter of the Simmons-Nott Airport Authority so as to 
remove the City of New Bern from responsibihty under that Act. 
Referred to Local Government and Regional Affairs Committee. 

H. B. 1585, a bill to prohibit hunting from designated State secondary roads in Craven 
County. 
Referred to Natural and Economic Resources and Wildlife Committee. 

H, B. 1598, a bill to revise the Charter of the Town of Wadesboro. 
Referred to Local Government and Regional Affairs Committee. 

H. B. 1600, a bill relating to zoning by Wake County. 

Referred to Local Government and Regional Affairs Committee. 

H. B. 1602, a bill to allow the Greensboro Alcoholic Beverage Control Board to provide 
its own law enforcement personnel and to contract for additional law enforcement ser- 
vices. 

Referred to Local Government and Regional Affairs Committee. 

H. B. 1616, a bill to regulate hunting in Chowan County. 

Referred to Natural and Economic Resources and Wildlife Committee. 

H. J, R. 1624, a joint resolution authorizing the 1985 General Assembly, 1986 Session, 
to consider a bill to be entitled an act to transfer certain property of the Juvenile 
Evaluation Center in Buncombe County to the Buncombe County Board of Education to 
use as part of a high school campus. 

Referred to Rules and Operation of the Senate Committee. 

H. B. 1631, a bill to permit the taking of foxes in Person County. 
Referred to Natural and Economic Resources and Wildlife Committee. 

H. B. 1633, a bill to authorize the City of Wilmington to construct streets outside the 
corporate limits. 



June 23, 1986 



92 SENATE JOURNAL [Second Session 

Referred to Local Government and Regional Affairs Committee. 

H. B. 1634, a bill to remove certain described territory from the corporate limits of the 
Town of Spruce Pine. 

Referred to Local Government and Regional Affairs Committee. 

H. J. R. 1635, a joint resolution authorizing the 1985 General Assembly, 1986 Session, 
to consider "a bill to be entitled an act to require requests for consent to anatomical gifts." 
Referred to Rules and Operation of the Senate Committee. 

H. B. 1640, a bill to revise and consolidate the Charter of the City of Concord and to 
repeal prior local acts. 
Referred to Local Government and Regional Affairs Committee. 

H. B. 1642, a bill to regulate hunting in Nash County. 

Referred to Natural and Economic Resources and Wildlife Committee. 

H. B. 1647, a bill to regulate the shining of lights in deer areas in Columbus County. 
Referred to Natural and Economic Resources and Wildlife Committee. 

H. B. 1655, a bill to prohibit taking deer with dogs in part of Richmond County. 
Referred to Natural and Economic Resources and Wildlife Committee. 

H. B. 1661, a bill to authorize the lawful taking of black bears in Hyde County. 
Referred to Natural and Economic Resources and Wildlife Committee. 

H. B. 1666, a bill to prohibit the possession and sale of spring-loaded knives. 
Referred to Judiciary III Committee. 

H. B. 1676, a bill relating to the leasing of property acquired by the Town of Tarboro in 
connection with the execution of community development projects. 
Referred to Local Government and Regional Affairs Committee. 

H. B. 1693, a bill concerning the filUng of vacancies on the Wilmington City Council. 
Referred to Local Government and Regional Affairs Committee. 

H. J. R. 1727, a joint resolution authorizing the 1985 General Assembly, 1986 Session, 
to consider a bill to be entitled an act to repeal certain limits on secondary employment by 
marine fisheries inspectors. 

Referred to Rules and Operation of the Senate Committee. 

H. J. R. 1735, a joint resolution authorizing the 1985 General Assembly, 1986 Session, 
to consider a bill to be entitled an act to establish a penalty for damage to artificial reefs 
and marking devices to identify reefs. 

Referred to Rules and Operation of the Senate Committee. 

H. J. R. 1746, a joint resolution authorizing the 1985 General Assembly, 1986 Session, 
to consider a bill to be entitled an act to permit certain beautification districts to hold ABC 
elections. 

Referred to Rules and Operation of the Senate Committee. 

H. B. 1483, a bill to revise the Charter of the City of Elizabeth City, change the form of 
government of the City of EUzabeth City and schedule nonpartisan municipal election. 
Referred to Local Government and Regional Affairs Committee. 



June 23, 1986 



1986] SENATE JOURNAL 93 

H. B. 1492, a bill to annex certain non-contiguous territory to the Town of Maiden, 
Referred to Local Government and Regional Affairs Committee. 

H. B. 1496, a bill to prohibit hunting from roads and to regulate hunting on private lands 
in Perquimans County. 
Referred to Natural and Economic Resources and Wildlife Committee. 

H. B. 1540, a bill to annex property west of the corporate limits of the City of 
Greensboro and to exempt certain properties owned by the Greensboro-High Point 
Airport Authority and certain areas immediately adjacent thereto. 

Referred to Local Government and Regional Affairs Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S. B. 626 (Committee Substitute), a bill to appoint persons to various public offices upon 
the recommendation of the President Pro Tempore of the Senate. 

The Committee Substitute bill passes its second (electronically recorded) and third 
readings and is ordered sent to the House of Representatives. 

S. B. 897 (Committee Substitute), a bill to amend the law providing a Supplemental 
Retirement Fund for firemen in the City of Whiteville. 

The Committee Substitute bill passes its second (electronically recorded) and third 
readings and is ordered sent to the House of Representatives. 

H. B. 86 (Senate Committee Substitute), a bill to authorize the court to extend a 
period of probation to allow the defendant to complete payment of restitution or continue 
treatment and to clarify parole eligibihty. 

Senator Ezzell offers Amendment No. 1 which fails of adoption (electronically re- 
corded). 

Senator Watt offers Amendment No. 2 which is adopted (electronically recorded). 

The Senate Committee Substitute bill, as amended, passes its second reading (electron- 
ically recorded). 

On objection of Senator Barnes to its third reading, the Senate Committee Substitute 
bill, as amended, remains on the Calendar for further consideration. 

S. B. 892, a bill to make provisions for filling unexpired terms for superior court judge in 
the same year as full terms, by considering unexpired terms as separate offices for the 
purpose of applying a designated seat rule, upon third reading. 

On motion of Senator Winner, consideration of the bill is postponed until Thursday, 
June 26. 

S. B. 922, a bill to make provisions for filling unexpired terms for superior court judge in 
the same year as full terms, without applying a designated seat rule except when the 
vacancy occurs so close to the election that it is an administrative necessity, upon third 
reading. 

On motion of Senator Winner, consideration of the bill is postponed until Thursday, 
June 26. 

S. B. 893, a bill to ehminate numbered seats for election of judges of the superior court 
to meet objections under Section 5 of the Voting Rights Act, upon third reading. 



June 23, 1986 



94 SENATE JOURNAL [Second Session 

Senator Winner offers Amendment No. 1, which is adopted (electronically recorded). 

Senator Simpson offers Amendment No. 2, changing the title to read, S. B. 893, a bill to 
eliminate numbered seats for election of Judges of the Superior Court to meet objections 
under Section 5 of the Voting Rights Act, and to eliminate numbered seats for the Court of 
Appeals and Supreme Court. 

Senator Winner, seconded by Senator Harris, offers a motion that Amendment 
No. 2 do lie upon the table, which motion prevails (electronically recorded). Amendment 
No. 2 lies upon the table. 

Senator Sawyer offers a motion to remove the bill from tonight's Calendar and place it 
on the Calendar for tomorrow, which motion fails to prevail (electronically recorded). 

The bill, as amended, passes its third reading (electronically recorded) and is ordered 
engrossed and sent to the House of Representatives. 

S. B. 898, a bill to encourage local boards of education to set the school calendar so that 
the first day students are required to attend classes is after Labor Day, as amended, upon 
third reading. 

Senator Ward offers Amendment No. 2 which is adopted (electronically recorded). 

The bill, as amended, passes its third reading (electronically recorded) and is ordered 
engrossed and sent to the House of Representatives. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H. B. 1524, a bill to provide that an Assistant District Attorney may not concurrently 
hold elective public office. 

Referred to Judiciary IV Committee. 

H. B. 1525, a bill to allow Craven County and municipalities located therein to engage in 
economic development activities. 

Referred to Local Government and Regional Affairs Committee. 

H. B. 1576, a bill to allow Gaston County and municipahties located therein to engage in 
economic development activities. 

Referred to Local Government and Regional Affairs Committee. 

H. B. 1590, a bill to authorize Catawba County and municipalities located therein to 
regulate abandoned and junked vehicles for aesthetic purposes. 
Referred to Local Government and Regional Affairs Committee. 

H. B. 1615, a bill to regulate hunting from roads in Brunswick County. 
Referred to Local Government and Regional Affairs Committee. 

H. B. 1618, a bill to change the name of the governing board of the City of Goldsboro 
from the Board of Aldermen to the Council. 

Referred to Local Government and Regional Affairs Committee. 

H. B. 1629, a bill to allow Lincoln County and municipalities located therein to engage in 
economic development activities. 
Referred to Local Government and Regional Affairs Committee. 

H. B. 1678, a bill to allow Sampson County to convey the Old Sampson High School 



June 23, 1986 



1986] SENATE JOURNAL 95 

property at private sale. 

Referred to Local Government and Regional Affairs Committee. 

H. B. 1679, a bill to provide training requirements for appointed law enforcement 
officers. 
Referred to Local Government and Regional Affairs Committee. 

H. B. 1690, a bill to permit the Town of Nags Head to regulate building construction to 
prevent fire hazards. 

Referred to Local Government and Regional Affairs Committee. 

The President recognizes the following pages serving in the Senate this week: Lisa 
Anderson, Charlotte; Wesley Scott Barrett, Waco; Emily Carol Bost, Pinehurst; Kimber- 
ly Rose Brown, Wilmington; Tonya VanPelt Dowdy, Powells Point; Robinson Everette, 
Durham; LaShell Gates, Wilmington; Edward Green, Reidsville; Shelly Harrington, 
Greenville; Ashley Hill, Fayetteville; Dana Holland, Dallas; Harry Donald Jewell, Con- 
cord; Jill Suzanne Jones, Rockingham; Kimberly Kyle Koch, Troy; Patrick Martin, Eden; 
Easter Maynard, Raleigh; Dana Lynn McCain, Newport; Melissa Morrisette, Elizabeth 
City; Kristi Peterson, High Point; Lawson Rollins, Durham; Edwin Speas, Raleigh; 
Kermitt Taylor, Wilmington; Darren Keith Troxler, Reidsville; Lance Turner, Reidsville; 
Melody Ann Wall, Rockingham; Jessica Whitehurst, Cary. 

On motion of Senator Harrington, seconded by Senator Guy, the Senate adjourns to 
meet tomorrow at 1:30 P.M. 



ONE HUNDRED THIRTY-SECOND DAY 

'" Senate Chamber, 

Tuesday, June 24, 1986. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by the Reverend Hope Morgan Ward, Soapstone United Methodist 
Church, Wake County, as follows: 

"Eternal God, our Creator and Parent. 

"We pause at the opening of this afternoon session to remember Your covenantal love 
and to seek Your guidance. Any visions that we have for justice, for community, for peace, 
Shalom, come from You. Deliver us from haste in our work, from shallowness of reflec- 
tion, from narrowness of concern. Keep before us the gravity of our responsibility. Use us, 
we pray, in the building of a safer world, a more just world, a more secure world, a more 
hospitable world for all Your people who You create, call by name, and deliver. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 



June 24, 1986 



96 SENATE JOURNAL [Second Session 

together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Swain for the Judiciary III Committee: 

H. B. 992, a bill to clarify the unfair debt collection practices act, with a favorable 
report. 

H. B. 1666, a bill to prohibit the possession and sale of spring-loaded knives, with a 
favorable report. 

By Senator Staton for the Judiciary II Committee: 

H. B. 761, a bill to apportion the federal estate tax burden as recommended by the 
General Statutes Commission, with a favorable report, as amended. 

By Senator Ezzell for the Local Government and Regional Affairs Committee: 

S. B. 926, a bill to eliminate the requirement that the City of Asheboro mail zoning 
notices, with a favorable report. 

H. B. 1443, a bill to abohsh the offices of treasurer and constable in the Town of Pantego 
at the end of their current term of office, with a favorable report. 

H. B. 1461, a bill to revise and consohdate the Charter of the Town of Edenton, with a 
favorable report. 

H. B. 1471, a bill to correct the corporate boundaries of the Town of Madison, with a 
favorable report. 

H. B. 1472, a bill to provide for the use of all property tax collection methods in the 
collection of special assessments in the County of Rockingham, with a favorable report. 

H. B. 1488, a bill to allow towns in Johnston County to exercise extraterritorial 
planning powers within Johnston County within two miles of the corporate hmits with the 
approval of the Johnston County Board of Commissioners, with a favorable report. 

H. B. 1489, a bill to provide for enforcement of building and other codes by the County of 
Craven as to property of the New Bern-Craven County Board of Education rather than 
by cities in that county, with a favorable report. 

H. B. 1539, a bill to update the Charter of the City of Greensboro consistent with State 
law, with a favorable report. . . 

H. B. 1540, a bill to annex property west of the corporate limits of the City of 
Greensboro and to exempt certain properties owned by the Greensboro-High Point 
Airport Authority and certain areas immediately adjacent thereto, with a favorable 
report. 

H. B. 1552, a bill concerning construction and operation of dock facilities on property 
owned by the Town of Manteo, with a favorable report. 

H. B. 1640, a bill to revise and consolidate the Charter of the City of Concord and to 
repeal prior local acts, with a favorable report. 

H. B. 1368, a bill to annex certain territory to the corporate limits of the Town of Hot 



June 24, 1986 



1986] SENATE JOURNAL 97 

Springs, with a favorable report, as amended. 

H. B. 1444, a bill to clarify the authority of Halifax County to undertake economic 
development activities, with a favorable report, as amended. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Plyler: 

S. B. 1279, a bill to permit the State to fund more than fifty percent of the Federal-State 
Meat Inspection Program. 
Referred to Appropriations Committee. 

By Senators Plyler, Rand, Ward, and Walker: 

S. B. 1280, a bill to amend Chapter 661 of the 1985 Session Laws to provide changes only 
with respect to projects wholly self-hquidating. 
Referred to Appropriations Committee. 

By Senators Plyler and Rand: 

S. B. 1281, a bill to authorize a bond issue to construct a parking deck behind the 
Albemarle Building. 

Referred to Finance Committee. 

By Senator Plyler: 

S. B. 1282, a bill to authorize the construction and the financing, without appropriations 
from the General Fund, of certain capital improvements projects of the constituent 
institutions of the University of North Carolina. 

Referred to Finance Committee. 

By Senator Soles: 

S. B. 1283, a bill to appropriate funds to the Good Shepherd Home, Incorporated. 
Referred to Appropriations Committee. 

By Senator Winner: 

S. B. 1284, a bill to amend the 1985-86 Operations and Capital Improvements of the 
Housing Appropriations Act to provide for greater assistance to low income families and 
to provide for greater returns on housing finance agency investments. 

Referred to Appropriations Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

S. B. 485 (Committee Substitute), a bill to provide that a recorded instrument that 
corrects an obvious minor error made in the instrument as originally recorded is valid if 
the correction in the new instrument is initialed and an explanation statement is signed by 



June 24, 1986 



98 SENATE JOURNAL [Second Session 

the parties to the instrument or the attorney who drafted the instrument, for concurrence 
in the House Committee Substitute bill. 
Referred to Judiciary I Committee. 

H. B. 672, a bill to allow Onslow County to levy a room occupancy and tourism 
development tax. 
Referred to Finance Committee. 

H. B. 1597, a bill to extend the boundaries of the Buck Shoals Fire Protection District in 
Wilkes and Yadkin Counties. 

Referred to Finance Committee. 

H. B. 1671, a bill to revise the Charter of the Town of Hope Mills. 
Referred to Local Government and Regional Affairs Committee. 

H. B. 1675, a bill to make Chapter 639 of the 1985 Session Laws apply to the Town of 
Tarboro. 

Referred to Local Government and Regional Affairs Committee. 

H. B. 1509, a bill to make technical amendments to the Statutes creating infractions. 
Referred to Judiciary IV Committee. 

H. B. 1511, a bill to revise the rating and classification plans and the ratemaking 
procedure for nonfleet private passenger motor vehicle insurance; to make revisions and 
improvements in the regulation of commercial property and liability insurance rates; to 
require reports from insurers and to authorize the Insurance Commissioner to modify 
rates if statutory changes in civil law affect insurers' experience; and to make changes in 
certain insurance market practices for the benefit to consumers. 

Referred to Insurance Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S. B. 881 (Committee Substitute), a bill to make substantive changes in the insurance 
law as recommended by the Insurance Regulation Study Commission, upon third reading. 

The Committee Substitute bill passes its third reading by roll-call vote, ayes 44, noes 0, 
as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Cobb, Conder, Ezzell, Goldston, 
Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Johnson of Cabarrus, 
Johnson of Wake, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDowell, McDuf- 
fie, Parnell, Plyler, Price, Rand, Rauch, Redman, Royall, Sawyer, Shaw, Simpson, 
Smith, Soles, Somers, Speed, Staton, Swain, Taft, Tally, Thomas of Craven, Thomas of 
Henderson, Warren, Watt, Williams, and Winner — 44. 

Voting in the negative: None. 

The Committee Substitute bill is ordered sent to the House of Representatives. 

H. B. 306 (Senate Committee Substitute), a bill to amend Article V of the Constitution 
of North CaroUna to permit the General Assembly to grant to the State and other pubHc 
bodies in the State additional powers to develop new and existing seaports and airports, 
including powers to finance and refinance for public and private parties seaport and 
airport and related facilities and improvements, upon second reading. 



June 24, 1986 



1986] SENATE JOURNAL 99 

The Senate Committee Substitute bill passes its second reading by roll-call vote, 
ayes 42, noes 2, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Cobb, Conder, Ezzell, Goldston, 
Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Kaplan, Martin of Pitt, Martin of Guilford, Marvin, McDowell, McDuffie, 
Parnell, Plyler, Price, Rand, Rauch, Redman, Royall, Sawyer, Shaw, Smith, Soles, 
Somers, Speed, Staton, Swain, Taft, Tally, Thomas of Craven, Thomas of Henderson, 
Watt, Williams, Winner, and Woodard — 42. 

Voting in the negative: Senators Kincaid and Simpson — 2. 

The Senate Committee Substitute bill remains on the Calendar for further considera- 
tion upon third reading. 

H. B. 810 (Senate Committee Substitute), a bill to repeal the act caUing for a referen- 
dum on Gubernatorial Succession, upon second reading. 

The Senate Committee Substitute bill passes its second reading by roll-call vote, 
ayes 44, noes 4, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Conder, Ezzell, Goldston, Guy, 
Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, 
Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDowell, 
McDuffie, Parnell, Plyler, Price, Rand, Redman, Royall, Sawyer, Shaw, Simpson, Smith, 
Soles, Somers, Staton, Swain, Taft, Tally, Thomas of Craven, Thomas of Henderson, 
Walker, Ward, Watt, WiUiams, Winner, and Woodard — 44. 

Voting in the negative: Senators Cobb, Hardison, Rauch, and Speed — 4. 

The Senate Committee Substitute bill remains on the Calendar for further considera- 
tion upon third reading. 

S. B. 907, a bill to provide a sales tax exemption for legal tender and for gold, silver, or 
platinum traded on a commodities exchange, upon second reading. 

On motion of Senator Thomas of Henderson, the bill is withdrawn from today's Calen- 
dar and recommitted to the Finance Committee. 

H. B. 86 (Senate Committee Substitute), a bill to authorize the court to extend a period 
of probation to allow the defendant to complete payment of restitution or continue 
treatment and to clarify parole eligibility, as amended, upon third reading. 

The Senate Committee Substitute bill, as amended, passes its third reading (electroni- 
cally recorded), and is ordered engrossed and sent to the House of Representatives for 
concurrence in the Senate Committee Substitute bill. 

H. B. 377 (Senate Committee Substitute), a bill to be known as The North Carohna 
Condominium Act as recommended by the General Statutes Commission, upon third 
reading. 

The Senate Committee Substitute bill passes its third reading (electronically recorded), 
and is ordered sent to the House of Representatives for concurrence in the Senate 
Committee Substitute bill. 

On motion of Senator Harrington, seconded by Senator Parnell, the Senate adjourns to 
meet tomorrow at 1:30 P.M. 



June 24, 1986 



100 SENATE JOURNAL [Second Session 

ONE HUNDRED THIRTY-THIRD DAY 

Senate Chamber, 
Wednesday, June 25, 1986. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan HI, Lieutenant Governor. 

Prayer is offered by the Reverend Allen Wentz, Jr. , Trinity United Methodist Church, 
Raleigh, as follows: 

"0 Lord our God, we remember the promise from the Scriptures that wherever two or 
three are gathered together in Your Name, there You will be in the midst of them. This 
afternoon we claim that blessed promise and pray that each one of us here may be aware of 
Your Holy Presence. You know our needs and how inadequate we feel ourselves to be in 
the presence of many heavy problems in our State and the challenges that face us in 
making this the 'goodliest land' of North Carolina a good, safe, just, and lovely place to 
live. 

"Forgive us, Lord, when we have ignored the hard issues, when we have made up our 
minds before getting the facts, when we have made decisions based on emotion, when we 
make decisions on the basis of self-interest. 

"Help us. Lord, to have a new perception of how power can be used for the good of all, 
justice can be worked out for all classes of people, understanding and peace can be found 
among all groups of people. 

"We pray, 0, Lord, that You will help us to be better than we are, wiser than we know, 
and stronger than we dream. 

"Grant us patience that we may take time to think, time to pray, and time to find out 
Your will, then give us the sense and courage to do it, for the good of our State and the 
Glory of Your Name. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence to Senator Simpson for today. 

The President extends courtesies of the floor to Edgar M. McKnight, former member of 
the General Assembly from Forsyth County. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Warren for the Transportation Committee: 

H. B. 952 (Committee Substitute), a bill to amend the statute concerning special plates 
for amateur radio operators, with a favorable report, as amended. 
On motion of Senator Warren, the rules are suspended and the Committee Substitute 



June 25, 1986 



1986] SENATE JOURNAL 101 

bill is placed before the Senate for immediate consideration, and on his further motion, 
Committee Amendment No. 1 is adopted. 

On motion of Senator Warren, the Committee Substitute bill, as amended, is re- 
referred to the Finance Committee. 

By Senator Harrington for the Rules and Operation of the Senate Committee: 

S. B. 1269, a bill to establish a Commission on Salary Schedules for Pubhc School 
Employees, with a favorable report. 

On motion of Senator Harrington, the bill is re-referred to the Appropriations Com- 
mittee. 

H. J. R. 1624, a joint resolution authorizing the 1985 General Assembly, 1986 Session, 
to consider a bill to be entitled an act to transfer certain property of the Juvenile 
Evaluation Center in Buncombe County to the Buncombe County Board of Education to 
use as part of a high school campus, with a favorable report. 

On motion of Senator Harrington, the rules are suspended and the joint resolution is 
placed on today's Calendar for consideration. 

H. J. R. 1735, a joint resolution authorizing the 1985 General Assembly, 1986 Session, 
to consider a bill to be entitled an act to estabhsh a penalty for damage to artificial reefs 
and marking devices to identify reefs, with a favorable report. 

On motion of Senator Harrington, the rules are suspended and the joint resolution is 
placed on today's Calendar for consideration. 

H. J. R. 1746, a joint resolution authorizing the 1985 General Assembly, 1986 Session, 
to consider a bill to be entitled an act to permit certain beautification districts to hold ABC 
elections, with a favorable report. 

On motion of Senator Harrington, the rules are suspended and the joint resolution is 
placed on today's Calendar for consideration. 

By Senator Swain for the Judiciary III Committee: 

S. B. 895, a bill to prohibit the possession and sale of electric weapons or devices, with 
an unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Swain, the rules are suspended and the Committee Substitute 
bill, which changes the title to read, S. B. 895 (Committee Substitute), a bill to regulate 
the sale of electric weapons or devices, is placed before the Senate for immediate 
consideration. 

On motion of Senator Swain, the Committee Substitute bill is adopted, and on his 
further motion is placed on the Calendar for Friday, June 27. 

By Senator Guy for the State Government Committee: 

H. B. 1007 (Committee Substitute), a bill to modify the qualifications for a land 
surveyor applicant, with an unfavorable report as to Committee Substitute bill, but 
favorable as to Senate Committee Substitute bill. 

On motion of Senator Guy, the rules are suspended and the Senate Committee Sub- 
stitute bill is placed before the Senate for immediate consideration. 

On motion of Senator Guy, the Senate Committee Substitute bill is adopted, and on his 
further motion is placed on the Calendar for Friday, June 27. 



June 25, 1986 



102 SENATE JOURNAL [Second Session 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Rauch, Barnes, Goldston, Hardison, Harris, and Somers: 

S. B. 1285, a bill to amend the State Refunding Bond Act, the same being Article 3 of 
Chapter 142 of the General Statutes, G. S. 142-20 to 142-29, inclusive, by substituting a 
revised Article 3 therefor. 

Referred to Finance Committee. 

By Senators Woodard, Johnson of Wake, and Staton: 

S. B. 1286, a bill to provide for severance pay or discontinued service retirement for 
employees who are separated due to a reduction in force. 
Referred to Pensions and Retirement Committee. 

By Senators Basnight and Thomas of Craven: 

S. J. R. 1287, a joint resolution authorizing the 1985 General Assembly, 1986 Session, to 
consider a joint resolution repudiating the claim that the Wright Brothers did not make 
the first flight and expressing North Carolina's pride in the historic achievements of the 
Wright Brothers. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Basnight: 

S. B. 1288, a bill to establish an Oregon Inlet Commission and to appropriate funds for 
that purpose. 

Referred to Appropriations Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H. B. 1587, a bill to authorize Watauga County and municipalities located therein to 
regulate abandoned and junked vehicles for aesthetic purposes. 
Referred to Local Government and Regional Affairs Committee. 

H. B. 1593, a bill to authorize Richmond County and municipalities located therein to 
regulate abandoned and junked vehicles for aesthetic purposes. 
Referred to Local Government and Regional Affairs Committee. 

H. B. 1476, a bill to exempt the Cities of Henderson and Murfreesboro from certain 
zoning notice requirements. 

Referred to Local Government and Regional Affairs Committee. 

H. B. 1545, a bill to permit the employment of unhcensed shampooers in Randolph 
County. 
Referred to Local Government and Regional Affairs Committee. 



June 25, 1986 



1986] SENATE JOURNAL 103 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H. J. R. 1845, a joint resolution authorizing the 1985 General Assembly, 1986 Session, 
to consider a bill to be entitled an act to repeal Chapter 461 of the 1985 Session Laws 
concerning the Venus Fly Trap plant. 

Referred to Rules and Operation of the Senate Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

H. B. 1368, a bill to annex certain territory to the corporate limits of the Town of Hot 
Springs, upon second reading. 

On motion of Senator Swain, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second reading by roll-call vote, ayes 42, noes 0, as 
follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Cobb, Conder, Ezzell, 
Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Wake, Kaplan, Kincaid, Martin of Pitt, Marvin, McDowell, Parnell, Plyler, Price, Rand, 
Rauch, Sawyer, Shaw, Smith, Soles, Somers, Speed, Staton, Swain, Taft, Tally, Thomas 
of Craven, Thomas of Henderson, Walker, Ward, Warren, Watt, Williams, and 
Winner — 42. 

Voting in the negative: None. 

The bill, as amended, remains on the Calendar for further consideration upon third 
reading. 

H. B. 1444, a bill to clarify the authority of Halifax County to undertake economic 
development activities, upon second reading. 

On motion of Senator Ezzell, Committee Amendment No. 1 is adopted, changing the 
title, upon concurrence, to read H. B. 1444, a bill to clarify the authority of Halifax County 
and the municipalities located therein to undertake economic development activities. 

The bill, as amended, passes its second reading by roll-call vote, ayes 39, noes 0, as 
follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Cobb, Conder, Ezzell, Goldston, 
Hardison, Harris, Hipps, Hunt of Durham, Hunt ofMoore, Johnson of Cabarrus, Kaplan, 
Kincaid, Marvin, McDowell, Plyler, Price, Rand, Rauch, Royall, Sawyer, Shaw, Smith, 
Soles, Somers, Speed, Staton, Swain, Taft, Tally, Thomas of Craven, Thomas of Hender- 
son, Walker, Ward, Warren, Watt, Williams, and Winner — 39. 

Voting in the negative: None. 

The bill, as amended, remains on the Calendar for further consideration upon third 
reading. 

H. B. 1461, a bill to revise and consoHdate the Charter of the Town of Edenton, upon 
second reading. 
The bill passes its second reading by roll-call vote, ayes 45, noes 0, as follows: 
Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Cobb, Conder, Ezzell, 
Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt ofMoore, 
Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, Martin of 
Guilford, Marvin, McDowell, Parnell, Plyler, Price, Rand, Rauch, Royall, Shaw, Smith, 



June 25, 1986 



104 SENATE JOURNAL [Second Session 

Soles, Somers, Speed, Staton, Swain, Taft, Tally, Thomas of Craven, Thomas of Hender- 
son, Walker, Ward, Warren, Watt, Williams, and Woodard — 45. 

Voting in the negative: None. 

The bill remains on the Calendar for further consideration upon third reading. 

H. B. 1471, a bill to correct the corporate boundaries of the Town of Madison, upon 
second reading. 

The bill passes its second reading by roll-call vote, ayes 45, noes 0, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Cobb, Conder, Ezzell, 
Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, 
Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, Martin of 
Guilford, Marvin, McDowell, Parnell, Plyler, Price, Rand, Rauch, Royall, Shaw, Smith, 
Soles, Somers, Speed, Staton, Swain, Taft, Tally, Thomas of Craven, Thomas of Hender- 
son, Walker, Ward, Warren, Watt, WilHams, and Woodard — 45. 

Voting in the negative: None. 

The bill remains on the Calendar for further consideration upon third reading. 

H. B. 1472, a bill to provide for the use of all property tax collection methods in the 
collection of special assessments in the County of Rockingham, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 45, noes 0, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Cobb, Conder, Ezzell, 
Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, 
Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, Martin of 
Guilford, Marvin, McDowell, Parnell, Plyler, Price, Rand, Rauch, Royall, Shaw, Smith, 
Soles, Somers, Speed, Staton, Swain, Taft, Tally, Thomas of Craven, Thomas of Hender- 
son, Walker, Ward, Warren, Watt, Williams, and Woodard — 45. 

Voting in the negative: None. 

The bill remains on the Calendar for further consideration upon third reading. 

H. B. 1540, a bill to annex property west of the corporate limits of the City of 
Greensboro and to exempt certain properties owned by the Greensboro-High Point 
Airport Authority and certain areas immediately adjacent thereto, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 48, noes 1, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Cobb, Conder, Ezzell, 
Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, 
Johnson of Cabarrus, Johnson of Wake, Kincaid, Martin of Pitt, Martin of Guilford, 
Marvin, McDowell, McDuffie, Parnell, Plyler, Price, Rand, Rauch, Redman, Royall, 
Sawyer, Shaw, Smith, Soles, Somers, Speed, Staton, Swain, Taft, Tally, Thomas of 
Craven, Thomas of Henderson, Walker, Ward, Warren, Watt, Williams, Winner, and 
Woodard— 48. 

Voting in the negative: Senator Kaplan — 1. 

The bill remains on the Calendar for further consideration upon third reading. 

H. B. 1640, a bill to revise and consolidate the Charter of the City of Concord and to 
repeal prior local acts, upon second reading. 

Senator Ezzell offers Amendment No. 1 which is adopted (electronically recorded). 

The bill, as amended, passes its second reading by roll-call vote, ayes 46, noes 0, as 
follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Cobb, Conder, Ezzell, 
Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, 



June 25, 1986 



1986] SENATE JOURNAL 105 

Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, Marvin, 
McDowell, Parnell, Plyler, Price, Rand, Rauch, Redman, Royall, Sawyer, Smith, Soles, 
Somers, Speed, Staton, Swain, Taft, Tally, Thomas of Craven, Thomas of Henderson, 
Walker, Ward, Warren, Watt, Williams, Winner, and Woodard — 46. 

Voting in the negative: None. 

The bill, as amended, remains on the Calendar for further consideration upon third 
reading. 

S. B. 926, a bill to eliminate the requirement that the City of Asheboro mail zoning 
notices. 

Senator Plyler offers Amendment No. 1, changing the title to read, S. B. 926, a bill to 
eliminate the requirement that the City of Asheboro and Counties of Anson, Montgom- 
ery, Scotland, Stanly, and Union mail zoning notices, which is adopted (electronically 
recorded). 

The bill, as amended, passes its second reading (electronically recorded). 

On objection of Senator Harris to its third reading, the bill, as amended, remains on the 
Calendar for further consideration upon third reading. 

H. B. 1443, a bill to abolish the offices of treasurer and constable in the Town of Pantego 
at the end of their current term of office. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 1488, a bill to allow towns in Johnston County to exercise extraterritorial 
planning powers within Johnston County within two miles of the corporate hmits with the 
approval of the Johnston County Board of Commissioners. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 1489, a bill to provide for enforcement of building and other codes by the County of 
Craven as to property of the New Bern-Craven County Board of Education rather than 
by cities in that County. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 1508, a bill to amend the Charter of the City of Lexington. 
The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 1539, a bill to update the Charter of the City of Greensboro consistent with State 
law. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 1552, a bill concerning construction and operation of dock facilities on property 
owned by the Town of Manteo. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 1637, a bill to authorize Transylvania County to adopt "pre-development ordi- 
nances." 



June 25, 1986 



106 SENATE JOURNAL [Second Session 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 306 (Senate Committee Substitute), a bill to amend Article V of the Constitution 
of North Carohna to permit the General Assembly to grant to the State and other pubhc 
bodies in the State additional powers to develop new and existing seaports and airports, 
including powers to finance and refinance for pubhc and private parties seaport and 
airport and related facilities and improvements, upon third reading. 

The Senate Committee Substitute bill passes its third reading by roll-call vote, ayes 43, 
noes 1, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Cobb, Conder, Ezzell, Goldston, 
Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Kaplan, 
Martin of Pitt, Martin of Guilford, Marvin, McDowell, McDuffie, Parnell, Plyler, Price, 
Rand, Rauch, Redman, Royall, Sawyer, Shaw, Smith, Soles, Somers, Speed, Staton, 
Swain, Tally, Thomas of Craven, Thomas of Henderson, Walker, Ward, Warren, Watt, 
Winner, and Woodard — 43. 

Voting in the negative: Senator Kincaid — 1. 

Receiving a three-fifths affirmative majority, the Senate Committee Substitute bill is 
ordered sent to the House of Representatives for concurrence in the Senate Committee 
Substitute bill. 

H. B. 810 (Senate Committee Substitute), a bill to repeal the act calling for a referen- 
dum on gubernatorial succession, upon third reading. 

The Senate Committee Substitute bill passes its third reading by roll-call vote, ayes 39, 
noes 7, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Conder, Ezzell, 
Goldston, Guy, Harrington, Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, 
Kaplan, Martin of Pitt, Martin of Guilford, Marvin, McDowell, McDuffie, Parnell, Plyler, 
Price, Rand, Redman, Royall, Sawyer, Shaw, Soles, Somers, Speed, Staton, Taft, Tally, 
Thomas of Craven, Thomas of Henderson, Walker, Ward, Warren, Watt, Winner, and 
Woodard— 39. 

Voting in the negative: Senators Cobb, Hardison, Harris, Kincaid, Rauch, Smith, and 
Swain — 7. 

Receiving a three-fifths affirmative majority, the Senate Committee Substitute bill is 
ordered sent to the House of Representatives for concurrence in the Senate Committee 
Substitute bill. 

H. B. 761, a bill to apportion the federal estate tax burden as recommended by the 
General Statutes Commission. 

On motion of Senator Staton, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second reading (electronically recorded). 

On objection of Senator Watt to its third reading, the bill, as amended, remains on the 
Calendar for further consideration upon third reading. 

H. B. 992, a bill to clarify the unfair debt collection practices act. 
The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

Senator Staton requests to be recorded voting "aye" on third reading. 

H. B. 1666, a bill to prohibit the possession and sale of spring-loaded knives. 



June 25, 1986 



1986] SENATE JOURNAL 107 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Thomas of Henderson for the Finance Committee: 

S. B. 925, a bill to amend the appHcation fee and cost recovery provisions related to the 
IV-D child support program, with a favorable report. 

S. B. 949, a bill to authorize Swain County to levy a room occupancy and tourism 
development tax, with a favorable report. 

S. B. 952, a bill authorizing Forsyth County to levy an additional one percent room 
occupancy and tourism development tax, with a favorable report. 

S. B. 1024, a bill to authorize the construction and the financing of a certain capital 
improvement project by the University of North Carolina at Chapel Hill, with a favorable 
report. 

H. B. 1446, a bill providing that a multistate corporation that receives an income tax 
credit for property taxes paid to a governmental unit in this State must add the total 
amount of the credit to its State taxable income and may not apply an apportionment 
factor to the credit, with a favorable report. 

H. B. 1447, a bill to provide a motion picture license tax exemption for nonprofit centers 
for the performing and visual arts, with a favorable report. 

H. B. 1449, a bill to eliminate the requirement that an officer of a corporation sign an 
estimated income tax return filed by the corporation, with a favorable report. 

H. B. 1451, a bill clarifyingwhen a gift tax return must be filed, with a favorable report. 

H. B. 1452, a bill making technical amendments to the revenue laws, with a favorable 
report. 

H. B. 1467, a bill to adjust the inheritance tax filing threshold in accordance with 
increases in the Class A Inheritance Tax Credit, and to make conforming changes to 
inheritance tax statutes necessitated by excluding transfers to the surviving spouse from 
tax, with a favorable report. 

H. B. 1520, a bill to validate local improvement assessments heretofore levied and 
assessed by the Town Council of the Town of Tarboro, with a favorable report. 

By Senator Kaplan for the Election Laws Committee: 

H. B. 491, a bill to clarify reasonable support from a parent entity to a political action 
committee, with an unfavorable report as to bill, but favorable as to Senate Committee 
Substitute bill. 

On motion of Senator Kaplan, the rules are suspended and the Senate Committee 
Substitute bill, which changes the title to read H. B. 491 (Senate Committee Substitute), a 



June 25, 1986 



108 SENATE JOURNAL [Second Session 

bill to clarify that the 1983 rewrite of the North CaroHna Election Campaign Fund Act 
which allowed disbursements to all candidates allows disbursements to all registered 
treasurers, is placed before the Senate for immediate consideration. 

On motion of Senator Kaplan, the Senate Committee Substitute bill is adopted, and on 
his further motion is placed on the Calendar for Friday, June 27. 

H. B. 1179 (Committee Substitute), a bill to provide for voter registration of mis- 
demeanants while incarcerated, with an unfavorable report as to Committee Substitute 
bill, but favorable as to Senate Committee Substitute bill. 

On motion of Senator Kaplan, the rules are suspended and the Senate Committee 
Substitute bill, which changes the title to read, H. B. 1179 (Senate Committee Sub- 
stitute), a bill to restore the right of near relatives to assist voters, which was repealed by 
the 1985 Session, is placed on the Calendar for immediate consideration. 

On motion of Senator Kaplan, the Senate Committee Substitute bill is adopted, and on 
his further motion is placed on the Calendar for Friday, June 27. 

CONFERENCE REPORT 

H. B. 606 

(Senate Committee Substitute) 

Senator Staton, for the Conferees appointed to consider the differences arising between 
the Senate and House of Representatives upon H. B. 606 (Senate Committee Substitute), 
a bill to be entitled an act to authorize Wake County and the City of Raleigh to levy 
occupancy taxes, submits the following Report: 

To the President of the Senate and the 
Speaker of the House of Representatives: 

We, your conferees, appointed to resolve the differences arising between the Senate 
and the House of Representatives on Senate Committee Substitute for House Bill 606 (4th 
Edition), A BILL TO BE ENTITLED AN ACT TO AUTHORIZE WAKE COUNTY 
AND THE CITY OF RALEIGH TO LEVY OCCUPANCY TAXES, wish to report as 
follows: the House concurs in the Senate Committee Substitute (4th Edition) with the 
following amendments: 

on page 1, lines 6 through 8, by rewriting those lines to read: 

"Scope. The Wake County Board of Commissioners may, by resolution, levy a room 
occupancy tax of no"; 

and on page 1, line 11, by deleting the reference "105-164.3(4)" and substituting the 
reference "105-164.4(3)"; 

and on page 3, line 16 through page 4, hne 3, by rewriting those lines to read: 

"(1) The first one million dollars ($1,000,000) of net proceeds from the tax in each 
fiscal year shall be transferred by the"; 

and on page 4, lines 14 through 16, by rewriting those lines to read: 

"each during the quarter for which the distribution is being made. Amounts retained by 
the county or distributed to a town or city under this"; ■ 



June 25, 1986 



1986] SENATE JOURNAL 109 

and on page 4, line 26 and page 9, line 9, by rewriting those lines to read: "festivals, and 
convention and visitor programs and activities of the Convention and Visitor Bureau."; 

and on page 4, line 27, by deleting the word "A" and substituting the words "The county, 
or a"; 

and on page 5, line 23, by rewriting that line to read: "Council from the same list of 
nominees furnished by the Raleigh Hotel and Motel Association to the county com- 
missioners."; 

and on page 5, line 24 through page 6, line 3, by rewriting those lines to read: 

"(2) Two individuals who are directly involved in a tourist or convention-related 
business but do not own or operate a hotel, motel, or other taxable accommoda- 
tion, selected by the Raleigh City Council. 

(3) A resident of Raleigh, selected by the Raleigh City Council, and a resident of 
Wake County but not of Raleigh, selected by the board of county commissioners, 
neither of whom is directly involved in a tourist or convention-related business 
or owns or operates a hotel, motel, or other taxable accommodation."; 

and on page 6, hnes 10 through 13, by changing the comma after the word "commissions" 
on line 10 to a period and deleting the remainder of those lines; 

and on page 7, lines 13 and 14, by rewriting those lines to read: "has not levied the tax"; 

and on page 7, line 17, by rewriting that line to read: "may, by ordinance,"; 

and on page 7, lines 20 through 22, by rewriting those lines to read: "rate, if any."; 

and on page 8, lines 7 through 28, by rewriting those lines to read: 

"(1) The first one million dollars ($1,000,000) of net proceeds from the tax in each 
fiscal year shall be transferred by the city to the Convention and Visitor Bureau 
established pursuant to this act for use by the Bureau for activities and programs 
aiding and encouraging convention and visitor promotion. 

(2) The remaining net proceeds shall be retained by the city and used only to 
acquire,"; 

and on page 9, line 18, by rewriting that line to read: "commissioners. To replace these 
members, the Raleigh City Council may add two at-large members to the Board of 
Directors of the Bureau."; 

and on page 10, line 2, by inserting between the words "increased" and "to" the words "or 
changed"; 

And the Senate concurs in these amendments. 

To this end, the conferees recommend that the Senate and House of Representatives 
adopt the foregoing report. 



June 25, 1986 



no SENATE JOURNAL [Second Session 

This the 25th day of June, 1986. , 

S/ William W. Staton S/ Daniel Blue 

S/ Joseph E. Johnson S/ Aaron Fussell 

S/ WiLMA WOODARD S/ RaY SpARROW " .^ 

S/ Margaret Stamey 
Conferees for the Senate ' ;• ' Conferees for the ■ ■■.■.: 

House of Representatives 

On motion of Senator Staton, the Conference Report is adopted, and is held to be 
material, constituting first reading. 

The Chair orders the Conference Report placed on the Calendar for Thursday, June 26, 
for adoption, upon second reading. . 

CALENDAR (Continued) 

H. J. R. 1624, a joint resolution authorizing the 1985 General Assembly, 1986 Session, 
to consider a bill to be entitled an act to transfer certain property of the Juvenile 
Evaluation Center in Buncombe County to the Buncombe County Board of Education to 
use as part of a high school campus. 

The joint resolution passes its second (electronically recorded) and third readings and is 
ordered enrolled. 

H. J. R. 1735, a joint resolution authorizing the 1985 General Assembly, 1986 Session, 
to consider a bill to be entitled an act to establish a penalty for damage to artificial reefs 
and marking devices to identify reefs. 

The joint resolution passes its second (electronically recorded) and third readings and is 
ordered enrolled. 

H. J. R. 1746, a joint resolution authorizing the 1985 General Assembly, 1986 Session, 
to consider a bill to be entitled an act to permit certain beautification districts to hold ABC 
elections. 

The joint resolution passes its second (electronically recorded) and third readings and is 
ordered enrolled. - ; 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

' House of Representatives 

June 25, 1986 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that the 
House has elected Mr. T. Jerry Williams to fill the unexpired portion of the six-year term 
of the late Mr. Carl D. Totherow on the State Board of Community Colleges. (Term to 
expire June 30, 1991.) 

Respectfully, 

S/ Grace A. Collins 
Principal Clerk 



June 25, 1986 



1986] SENATE JOURNAL 111 

ENROLLED BILLS 

The Enrolling Clerk reports the following joint resolution properly enrolled, and is duly 
ratified and sent to the office of the Secretary of State: 

H. J. R. 1746, a joint resolution authorizing the 1985 General Assembly, 1986 Session, 
to consider a bill to be entitled an act to permit certain beautification districts to hold ABC 
elections. (Res. 40) 

The Chair declares the Senate in recess until 4:00 P.M. for the purpose of committee 
meetings. 

AFTERNOON SESSION— 4:00 P.M. 

The Senate meets pursuant to recess and is called to order by the Honorable Robert B. 
Jordan III, Lieutenant Governor. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H. B. 2080, a bill to amend the State Refunding Bond Act, the same being Article 3 of 
Chapter 142 of the General Statutes, G. S. 142-20 to 142-29, inclusive, by substituting a 
revised Article 3 therefor. 

Referred to Finance Committee. 

On motion of Senator Rauch, the rules are suspended and the bill is withdrawn from the 
Finance Committee and placed on the Calendar for Thursday, June 26. 

H. J. R. 2041, a joint resolution authorizing the 1985 General Assembly, 1986 Session, 
to consider a joint resolution honoring the life and memory of George M. Wood. 
Referred to Rules and Operation of the Senate Committee. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Staton for the Judiciary II Committee: 

S. B. 858, a bill to implement the recommendations of the Medical Malpractice Study 
Commission and to improve the capacity of the State to monitor the claims experience of 
liability insurers; assist the health care professions in peer review, risk management and 
self-discipUnary efforts; and limit the liability of health care providers for noneconomic 
and punitive damages, with a unfavorable report as to bill, but favorable as to Committee 
Substitute bill. 

On motion of Senator Staton, the rules are suspended and the Committee Substitute bill 
is placed before the Senate for immediate consideration. On the further motion of Senator 
Staton, the Committee Substitute bill is adopted and is placed on the Calendar for 
Thursday, June 26. 

By Senator Rauch for the Finance Committee: 

S. B. 866 (Committee Substitute), a bill to provide roads to the future, with an 



June 25, 1986 



112 SENATE JOURNAL [Second Session 

unfavorable report as to Committee Substitute bill No. 1, but favorable as to Committee 
Substitute bill No. 2. 

On motion of Senator Rauch, the rules are suspended and the Committee Substitute bill 
No. 2 is placed before the Senate for immediate consideration. On motion of Senator 
Rauch, the Committee Substitute bill No. 2 is adopted, held to be material, constituting 
first reading of the bill. 

The Chair orders the Committee Substitute bill No. 2 placed on the Calendar for 
Thursday, June 26, upon second reading. 

By Senator Barnes for the Judiciary I Committee: 

S. B. 868, a bill to implement the recommendations of the Liability and Property 
Insurance Markets Study Commission, with an unfavorable report as to bill, but favorable 
as to Committee Substitute bill. 

On motion of Senator Barnes, the rules are suspended and the Committee Substitute 
bill is placed before the Senate for immediate consideration, and on his further motion the 
Committee Substitute bill is adopted. 

On motion of Senator Barnes, the Committee Substitute bill is placed on the Calendar 
for Thursday, June 26. 

On motion of Senator Harrington, seconded by Senator McDowell, the Senate adjourns 
to meet tomorrow, June 26, at 1:30 P.M. 



ONE HUNDRED THIRTY-FOURTH DAY 

r- Senate Chamber, 

Thursday, June 26, 1986. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by Dr. Joseph B. Bethea, Administrative Assistant to the Bishop of 
the North Carolina Conference of the United Methodist Church, as follows: 

"We give Thee thanks, God, for this good land in which we Uve, for the nation and its 
leaders, for the State and its leaders. r 

"We praise Thy Name for these who have given themselves to the work of the Senate of 
the State of North Carolina. 

"And we thank You for every privilege and opportunity we have had and shall have this 
day to serve You and to serve our sisters and brothers. 

"Help us to use these opportunities in ways that will be pleasing to You and that will 
serve the well-being of those we represent. 

"And when this day is done, may we rest in peace knowing that we've done our best. 

"Hear our prayer, God. Amen." . , 

Senator Harrington for the Rules and Operation of the Senate Committee announces 



June 26, 1986 



1986] SENATE JOURNAL 113 

that the Journal of yesterday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence to Senator Ballenger for today. 

The President extends courtesies of the floor to Vernon E. White, former Senator from 
Pitt County. 

Upon motion of Senator Thomas of Craven, the rules are suspended and the President 
extends courtesies of the floor to Miss Joni Parker, Miss North Carolina of 1986, who 
approaches the Well of the Senate and addresses the membership. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H. B, 611 (Senate Committee Substitute), an act to allow hcensed direct response 
writers of life and health insurance to transact business without agents licensed by North 
Carolina. (Ch. 800) 

H. B. 939 (Senate Committee Substitute), an act to amend the Nonprofit Corporation 
Act contained in Chapter 55A of the General Statutes of North Carolina as recommended 
by the General Statutes Commission; and to amend the Business Corporation Act con- 
tained in Chapter 55 of the General Statutes of North Carohna to provide for restrictions 
on cumulative voting for directors and on calhng meetings of stockholders of pubhcly held 
companies. (Ch. 801) 

H. B. 992, an act to clarify the unfair debt collection practices act. (Ch. 802) 

H. B. 1443, an act to aboHsh the offices of treasurer and constable in the Town of 
Pantego at the end of their current term of office. (Ch. 803) 

H. B. 1488, an act to allow towns in Johnston County to exercise extraterritorial 
planning powers within Johnston County within two miles of the corporate limits with the 
approval of the Johnston County Board of Commissioners. (Ch. 804) 

H. B. 1489, an act to provide for enforcement of building and other codes by the County 
of Craven as to property of the New Bern-Craven County Board of Education rather than 
by cities in that County. (Ch. 805) 

H. B. 1508, an act to amend the Charter of the City of Lexington. (Ch. 806) 

H. B. 1539, an act to update the Charter of the City of Greensboro consistent with State 
law. (Ch. 807) 

H. B. 1552, an act concerning construction and operation of dock facihties on property 
owned by the Town of Manteo. (Ch. 808) 

H. B. 1637, an act to authorize Transylvania County to adopt "pre-development 
ordinances." (Ch. 809) 

H. B. 1666, an act to prohibit the possession and sale of spring-loaded knives. (Ch. 810) 

H. J. R. 1624, a joint resolution authorizing the 1985 General Assembly, 1986 Session, 



June 26, 1986 



114 SENATE JOURNAL [Second Session 

to consider a bill to be entitled an act to transfer certain property of the Juvenile 
Evaluation Center in Buncombe County to the Buncombe County Board of Education to 
use as part of a high school campus. (Res. 41) 

H. J. R. 1735, a joint resolution authorizing the 1985 General Assembly, 1986 Session, 
to consider a bill to be entitled an act to establish a penalty for damage to artificial reefs 
and marking devices to identify reefs. (Res. 42) 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Ezzell, for the Local Government and Regional Affairs Committee: 

S. B. 867, a bill to authorize the Yancey Board of Commissioners to exercise jurisdiction 
over the regulation of domestic animals, with a favorable report. 

H. B. 1428, a bill to allow the Graham County Industrial Development Authority and 
Graham County to convey the golf course property at private sale, and to validate a 
mortgage, with a favorable report. 

H. B. 1465, a bill to allow Randolph County to estabhsh voting precincts without regard 
to township boundaries, with a favorable report. 

H. B. 1469, a bill to authorize the Town of Highlands to adopt and enact ordinances 
regulating the removal, replacement, and preservation of trees within the Town of 
Highlands, with a favorable report. 

H. B. 1470 (Committee Substitute), a bill to permit the City of Burlington to convey at 
private sale to The Gallery Players, Incorporated, the Paramount Theatre and certain 
adjacent properties, with a favorable report. 

H. B. 1481, a bill to allow Davie County ordinances regulating waste disposal to apply 
countywide, and to authorize Davie County to enter into long term contracts for disposal 
of solid waste, with a favorable report. 

H. B. 1483, a bill to revise the Charter of the City of Elizabeth City, change the form of 
government of the City of Elizabeth City and schedule nonpartisan municipal election, 
with a favorable report. 

H. B. 1492, a bill to annex certain non-contiguous territory to the Town of Maiden, with 
a favorable report. 

H. B. 1522, a bill to provide for four-year terms for the Mayor and Board of Commission- 
ers of the Town of Falkland, with a favorable report. 

H. B. 1525, a bill to allow Craven County and municipalities located therein to engage in 
economic development activities, with a favorable report. 

H. B. 1545, a bill to permit the employment of unlicensed shampooers in Randolph 
County, with a favorable report. 

H. B. 1554, a bill to raise the compensation of the Buncombe County Board of Educa- 



tion, with a favorable report 



June 26, 1986 



1986] SENATE JOURNAL 115 

H. B. 1558, a bill to provide for the appointment of Trustees for Albemarle Hospital in 
Pasquotank County, with a favorable report. 

H. B. 1561, a bill to ratify certain actions of the Town of Weddington and the City of 
Charlotte, with a favorable report. 

H. B. 1575, a bill to extend the law enforcement jurisdiction of city law enforcement 
officers assigned to the Gaston County Drug Enforcement Unit, with a favorable report. 

H. B. 1576, a bill to allow Gaston County and municipalities located therein to engage in 
economic development activities, with a favorable report. 

H. B. 1579, a bill to create the Elizabethtown Airport and Economic Development 
Commission, with a favorable report. 

H. B. 1581, a bill to make revisions in the Charter of the City of Kinston, with a 
favorable report. 

H. B. 1582, a bill to change the Charter of the Simmons-Nott Airport Authority so as to 
remove the City of New Bern from responsibility under the Act, with a favorable report. 

H. B. 1590, a bill to authorize Catawba County and municipalities located therein to 
regulate abandoned and junked vehicles for aesthetic purposes, with a favorable report. 

H. B. 1615, a bill to regulate hunting from roads in Brunswick County, with a favorable 
report. 

By Senator Plyler, for the Appropriations Committee: 

S. B. 939 (Committee Substitute), a bill to provide for expediting child support cases as 
required by federal law, with a favorable report. 

By Senator Barnes, for the Judiciary I Committee: 

S. B. 485 (House Committee Substitute), a bill to provide that a recorded instrument 
that corrects an obvious minor error made in the instrument as originally recorded is valid 
if the correction in the new instrument is initialed and an explanation statement is signed 
by the parties to the instrument or the attorney who drafted the instrument, with a 
favorable report as to concurrence in the House Committee Substitute bill. 

H. B. 170 (Committee Substitute), a bill to provide additional remedies for violations of 
the Open Meetings Law, with an unfavorable report as to Committee Substitute bill, but 
favorable report as to Senate Committee Substitute bill. 

On motion of Senator Barnes, the rules are suspended and the Senate Committee 
Substitute bill is placed before the Senate for immediate consideration, and on his further 
motion the Senate Committee Substitute bill is adopted. 

On motion of Senator Barnes, the Senate Committee Substitute bill is placed on the 
Calendar for Monday, June 30. 

H. B. 1049, a bill concerning venue for judicial review under the Administrative 
Procedure Act, with an unfavorable report as to bill, but favorable as to Senate Com- 
mittee Substitute bill. 

On motion of Senator Barnes, the rules are suspended and the Senate Committee 



June 26, 1986 



116 SENATE JOURNAL [Second Session 

Substitute bill is placed before the Senate for immediate consideration, and on his further 
motion the Senate Committee Substitute bill is adopted. 

On motion of Senator Barnes, the Senate Committee Substitute bill is placed on the 
Calendar for Friday, June 27. 

By Senator Marvin for the Pensions and Retirement Committee: 

S. B. 1286, a bill to provide for severance pay or discontinued service retirement for 
employees who are separated due to a reduction in force, with a favorable report. 

By Senator Soles for the Judiciary IV Committee: 

H. B. 1509, a bill to make technical amendments to the Statutes creating infractions, 
with a favorable report. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H. B. 1573, a bill to amend the law relating to the probation supervision fee. 
Referred to Finance Committee. 

H. B. 1608, a bill to extend the income tax personal exemption for paraplegics and 
similarly disabled individuals to dependents who are paraplegic or similarly disabled. 
Referred to Finance Committee. 

H. B. 1625, a bill to permit the City of Wilmington, the City of Sahsbury, and Durham 
County to accept deeds to real property in payment of liens held by the City. 
Referred to Local Government and Regional Affairs Committee. 

H. B. 2084, a bill to clarify the authority to transfer rights in hospital facilities to an 
AHEC Program. 
Referred to Judiciary IV Committee. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H. B. 1542, a bill to authorize counties to levy additional one-half percent local sales and 
use taxes. 
Referred to Finance Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

The Chair declares the voting equipment inoperative for a portion of today's session. 

S. B. 868 (Committee Substitute), a bill to implement the recommendations of the 
Liability and Property Insurance Markets Study Commission, upon second reading. 

Senator Hardison offers a motion that the Committee Substitute bill be removed from 
today's Calendar and re-referred to the Insurance Committee. 

After lengthy debate, Senator Hardison calls the previous question, seconded by 



June 26, 1985 



1986] SENATE JOURNAL 117 

Senator Thomas of Henderson. The call is sustained. The motion by Senator Hardison to 
re-refer the Committee Substitute bill to the Insurance Committee prevails (electronical- 
ly recorded). 

The Chair orders the Committee Substitute bill removed from the Calendar and 
re-referred to the Insurance Committee. 

H. B. 606 (Senate Committee Substitute), a bill to authorize Wake County and the City 
of Raleigh to levy occupancy taxes, for adoption of the Conference Report submitted 
yesterday, upon second reading. 

On motion of Senator Staton, the Conference Report is adopted by roll-call vote, 
ayes 44, noes 0, as follows: 

Voting in the affirmative: Senators Barnes, Cobb, Conder, Ezzell, Goldston, Guy, 
Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Johnson of Wake, Kincaid, Martin of Guilford, Marvin, McDowell, McDuffie, 
Parnell, Plyler, Price, Rand, Rauch, Royall, Sawyer, Shaw, Simpson, Smith, Soles, 
Somers, Speed, Staton, Swain, Taft, Thomas of Craven, Thomas of Henderson, Walker, 
Ward, Warren, Watt, WilHams, Winner, and Woodard — 44. 

Voting in the negative: None. 

The Conference Report remains on the Calendar for adoption upon third reading. 

H. B. 1444, a bill to clarify the authority of Halifax County and the municipalities 
located therein to undertake economic development activities, as amended, upon third 
reading. 

Senator Ezzell moves that the vote by which the bill, as amended, passed its second 
reading be reconsidered, which motion prevails. Amendment No. 1 is held to be material 
by the Chair, and its adoption yesterday constitutes the first reading of the measure. 

The bill, as amended, passes its second reading by roll-call vote, ayes 49, noes 0, as 
follows: 

Voting in the affirmative: Senators Barnes, Basnight, Cobb, Conder, Ezzell, Goldston, 
Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, 
McDowell, McDuffie, Parnell, Plyler, Price, Rand, Rauch, Redman, Royall, Sawyer, 
Shaw, Simpson, Smith, Soles, Somers, Speed, Staton, Swain, Taft, Tally, Thomas of 
Craven, Thomas of Henderson, Walker, Ward, Warren, Watt, Williams, Winner, and 
Woodard — 49. 

Voting in the negative: None. 

The bill, as amended, remains on the Calendar for further consideration upon third 
reading. . 

H. B. 1368, a bill to annex certain territory to the corporate limits of the Town of Hot 
Springs, as amended, upon third reading. 

The bill, as amended, passes its third reading by roll-call vote, ayes 49, noes 0, as 
follows: 

Voting in the affirmative: Senators Barnes, Basnight, Cobb, Conder, Ezzell, Goldston, 
Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, 
McDowell, McDuffie, Parnell, Plyler, Price, Rand, Rauch, Redman, Royall, Sawyer, 
Shaw, Simpson, Smith, Soles, Somers, Speed, Staton, Swain, Taft, Tally, Thomas of 
Craven, Thomas of Henderson, Walker, Ward, Warren, Watt, WilUams, Winner, and 
Woodard — 49. 



June 26, 1985 



118 SENATE JOURNAL [Second Session 

Voting in the negative: None. 

The bill, as amended, is ordered sent to the House of Representatives for concurrence in 
Senate Amendment No. 1. ^. .. 

H. B. 1461, a bill to revise and consolidate the Charter of the Town of Edenton, upon 
third reading. 

The bill passes its third reading by roll-call vote, ayes 49, noes 0, as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Cobb, Conder, Ezzell, Goldston, 
Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, 
McDowell, McDuffie, Parnell, Plyler, Price, Rand, Rauch, Redman, Royall, Sawyer, 
Shaw, Simpson, Smith, Soles, Somers, Speed, Staton, Swain, Taft, Tally, Thomas of 
Craven, Thomas of Henderson, Walker, Ward, Warren, Watt, Williams, Winner, and 
Woodard — 49. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H. B. 1471, a bill to correct the corporate boundaries of the Town of Madison, upon third 
reading. 

The bill passes its third reading by roll-call vote, ayes 49, noes 0, as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Cobb, Conder, Ezzell, Goldston, 
Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, 
McDowell, McDuffie, Parnell, Plyler, Price, Rand, Rauch, Redman, Royall, Sawyer, 
Shaw, Simpson, Smith, Soles, Somers, Speed, Staton, Swain, Taft, Tally, Thomas of 
Craven, Thomas of Henderson, Walker, Ward, Warren, Watt, Williams, Winner, and 
Woodard — 49. 

Voting in the negative: None, ^" ■ 

The bill is ordered enrolled. 

H. B. 1472, a bill to provide for the use of all property tax collection methods in the 
collection of special assessments in the County of Rockingham, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 49, noes 0, as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Cobb, Conder, Ezzell, Goldston, 
Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, 
McDowell, McDuffie, Parnell, Plyler, Price, Rand, Rauch, Redman, Royall, Sawyer, 
Shaw, Simpson, Smith, Soles, Somers, Speed, Staton, Swain, Taft, Tally, Thomas of 
Craven, Thomas of Henderson, Walker, Ward, Warren, Watt, Williams, Winner, and 
Woodard — 49. , 

Voting in the negative: None. 

The bill is ordered enrolled. 

H. B. 1540, a bill to annex property west of the corporate limits of the City of 
Greensboro and to exempt certain properties owned by the Greensboro-High Point 
Airport Authority and certain areas immediately adjacent thereto, upon third reading. 
The bill passes its third reading by roll-call vote, ayes 49, noes 0, as follows: 
Voting in the affirmative: Senators Barnes, Basnight, Cobb, Conder, Ezzell, Goldston, 
Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, 



June 26, 1985 



1986] SENATE JOURNAL 119 

McDowell, McDuffie, Parnell, Plyler, Price, Rand, Rauch, Redman, Royall, Sawyer, 
Shaw, Simpson, Smith, Soles, Somers, Speed, Staton, Swain, Taft, Tally, Thomas of 
Craven, Thomas of Henderson, Walker, Ward, Warren, Watt, Williams, Winner, and 
Woodard — 49. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H. B. 1640, a bill to revise and consolidate the Charter of the City of Concord and to 
repeal prior local acts, as amended, upon third reading. 

The bill, as amended, passes its third reading by roll-call vote, ayes 49, noes 0, as 
follows: 

Voting in the affirmative: Senators Barnes, Basnight, Cobb, Conder, Ezzell, Goldston, 
Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, 
McDowell, McDuffie, Parnell, Plyler, Price, Rand, Rauch, Redman, Royall, Sawyer, 
Shaw, Simpson, Smith, Soles, Somers, Speed, Staton, Swain, Taft, Tally, Thomas of 
Craven, Thomas of Henderson, Walker, Ward, Warren, Watt, Wilhams, Winner, and 
Woodard — 49. 

Voting in the negative: None. 

The bill, as amended, is ordered sent to the House of Representatives for concurrence in 
Senate Amendment No. 1. 

S. B. 949, a bill to authorize Swain County to levy a room occupancy and tourism 
development tax, as amended, upon second reading. 

The bill, as amended, passes its second reading by roll-call vote, ayes 43, noes 0, as 
follows: 

Voting in the affirmative: Senators Barnes, Basnight, Conder, Ezzell, Goldston, Guy, 
Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDowell, Par- 
nell, Plyler, Price, Rand, Rauch, Redman, Shaw, Simpson, Smith, Soles, Somers, Speed, 
Staton, Swain, Taft, Tally, Thomas of Henderson, Walker, Ward, Warren, Watt, Wil- 
liams, and Winner — 43. 

Voting in the negative: None. 

The bill, as amended, remains on the Calendar for further consideration upon third 
reading. 

S. B. 952, a bill authorizing Forsyth County to levy an additional one percent room 
occupancy and tourism development tax, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 43, noes 0, as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Conder, Ezzell, Goldston, Guy, 
Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDowell, Par- 
nell, Plyler, Price, Rand, Rauch, Redman, Shaw, Simpson, Smith, Soles, Somers, Speed, 
Staton, Swain, Taft, Tally, Thomas of Henderson, Walker, Ward, Warren, Watt, Wil- 
liams, and Winner — 43. 

Voting in the negative: None. 

The bill remains on the Calendar for further consideration upon third reading. 

H. B. 1520, a bill to validate local improvement assessments heretofore levied and 
assessed by the Town Council of the Town of Tarboro, upon second reading. 



June 26, 1985 



120 SENATE JOURNAL [Second Session 

The bill passes its second reading by roll-call vote, ayes 43, noes 0, as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Conder, Ezzell, Goldston, Guy, 
Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDowell, Par- 
nell, Plyler, Price, Rand, Rauch, Redman, Shaw, Simpson, Smith, Soles, Somers, Speed, 
Staton, Swain, Taft, Tally, Thomas of Henderson, Walker, Ward, Warren, Watt, Wil- 
liams, and Winner — 43. 

Voting in the negative: None. 

The bill remains on the Calendar for further consideration upon third reading, 

S. B. 866 (Committee Substitute No. 2), a bill to provide roads to the future, upon 
second reading. 

On motion of Senator Redman, the rules are suspended and courtesies of the floor are 
extended to Carla Peterson of the Fiscal Research staff in order to assist with the 
explanation of the bill. 

Senator Redman offers Amendments No. 1 and No. 2 which are adopted (electronically 
recorded). 

The Committee Substitute bill No. 2, as amended, passes its second reading by roll-call 
vote, ayes 43, noes 6, as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Cobb, Conder, Ezzell, Goldston, 
Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Johnson of Wake, Kaplan, Martin of Pitt, Martin of Guilford, Marvin, 
McDowell, McDuffie, Parnell, Plyler, Rand, Redman, Royall, Shaw, Soles, Somers, 
Speed, Staton, Swain, Taft, Tally, Thomas of Craven, Thomas of Henderson, Walker, 
Ward, Warren, Watt, Williams, Winner, and Woodard — 43. 

Voting in the negative: Senators Kincaid, Price, Rauch, Sawyer, Simpson, and 
Smith— 6. 

The Committee Substitute bill No. 2, as amended, is ordered engrossed and placed on 
the Calendar for June 27, upon third reading. 

S. B. 1024, a bill to authorize the construction and the financing of a certain capital 
improvement project by the University of North Carolina at Chapel Hill, upon second 
reading. 

The bill passes its second reading by roll-call vote, ayes 46, noes 0, as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Cobb, Ezzell, Goldston, Guy, 
Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, 
McDowell, McDuffie, Parnell, Plyler, Price, Rand, Rauch, Royall, Sawyer, Shaw, Simp- 
son, Soles, Somers, Speed, Staton, Swain, Taft, Tally, Thomas of Craven, Thomas of 
Henderson, Walker, Ward, Warren, Watt, Williams, Winner, and Woodard — 46. 

Voting in the negative: None. 

The bill remains on the Calendar for further consideration upon third reading. 

H. B. 1446, a bill providing that a multistate corporation that receives an income tax 
credit for property taxes paid to a governmental unit in this State must add the total 
amount of the credit to its State taxable income and may not apply an apportionment 
factor to the credit, upon second reading. 
The bill passes its second reading by roll-call vote, ayes 45, noes 0, as follows: 
Voting in the affirmative: Senators Basnight, Cobb, Conder, Ezzell, Goldston, Guy, 
Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, 



June 26, 1986 



1986] SENATE JOURNAL 121 

Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDowell, 
McDuffie, Parnell, Plyler, Price, Rand, Rauch, Royall, Sawyer, Shaw, Smith, Soles, 
Somers, Speed, Staton, Swain, Taft, Tally, Thomas of Craven, Thomas of Henderson, 
Walker, Ward, Warren, Watt, Williams, Winner, and Woodard — 45. 

Voting in the negative: None. 

The bill remains on the Calendar for further consideration upon third reading. 

H. B. 1452, a bill making technical amendments to the revenue laws, upon second 
reading. 

The bill passes its second reading by roll-call vote, ayes 48, noes 0, as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Cobb, Conder, Ezzell, Goldston, 
Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, 
McDowell, McDuffie, Parnell, Plyler, Price, Rand, Rauch, Royall, Sawyer, Shaw, Simp- 
son, Smith, Soles, Somers, Speed, Staton, Swain, Taft, Tally, Thomas of Craven, Thomas 
of Henderson, Walker, Ward, Warren, Watt, Williams, Winner, and Woodard — 48. 

Voting in the negative: None. 

The bill remains on the Calendar for further consideration upon third reading. 

H. B. 2080, a bill to amend the State Refunding Bond Act, the same being Article 3 of 
Chapter 142 of the General Statutes, G. S. 142-20 to 142-29, inclusive, by substituting a 
revised Article 3 therefor, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 48, noes 0, as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Cobb, Conder, Ezzell, Goldston, 
Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDowell, 
McDuffie, Parnell, Plyler, Price, Rand, Rauch, Redman, Royall, Sawyer, Shaw, Simp- 
son, Smith, Soles, Somers, Speed, Staton, Swain, Taft, Tally, Thomas of Craven, Thomas 
of Henderson, Walker, Ward, Warren, Watt, Wilhams, Winner, and Woodard — 48. 

Voting in the negative: None. 

The bill remains on the Calendar for further consideration upon third reading. 

S. B. 858 (Committee Substitute), a bill to implement the recommendations of the 
Medical Malpractice Study Commission and to improve the capacity of the State to 
monitor the claims experience of liabihty insurers; assist the health care professions in 
peer review, risk management and self-disciplinary efforts; and limit the liability of health 
care providers for noneconomic and punitive damages. 

Senator Conder offers a motion that the Committee Substitute bill be removed from 
today's Calendar and re-referred to the Insurance Committee. Senator Staton rises to 
offer a substitute motion. The Chair rules a motion to re-refer takes precedence. The 
motion of Senator Conder fails to prevail. 

On motion of Senator Staton, consideration of the Committee Substitute bill is post- 
poned until Friday, June 27. 

S. B. 925, a bill to amend the application fee and cost recovery provisions related to the 
IV-D child support program, as amended. 

The bill, as amended, passes its second reading (electronically recorded). 

On objection of Senator Plyler to its third reading, the bill, as amended, remains on the 
Calendar for further consideration upon third reading. 



June 26, 1986 



122 SENATE JOURNAL [Second Session 

H. B. 1447, a bill to provide a motion picture license tax exemption for nonprofit centers 
for the performing and visual arts. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 1449, a bill to eliminate the requirement that an officer of a corporation sign an 
estimated income tax return filed by the corporation. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 1451, a bill clarifying when a gift tax return must be filed. 
The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. . ^ ,:: 

H. B. 1467, a bill to adjust the inheritance tax filing threshold in accordance with 
increases in the Class A Inheritance Tax Credit, and to make conforming changes to 
inheritance tax statutes necessitated by excluding transfers to the surviving spouse from 
tax. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

S. B. 926, a bill to eliminate the requirement that the City of Asheboro and Counties of 
Anson, Montgomery, Scotland, Stanly, and Union mail zoning notices, as amended, upon 
third reading. 

Senator Marvin offers Amendment No. 2 which is adopted (electronically recorded) 
further changing the title to read, S. B. 926, a bill to eliminate the requirement that the 
City of Asheboro and Counties of Anson, Montgomery, Scotland, Stanly, Union, Gaston, 
Lincoln, Cleveland and Rutherford mail zoning notices. 

On motion of Senator Walker, further consideration of the bill, as amended, is post- 
poned until Tuesday, July 1. 

S. B. 892, a bill to make provisions for filling unexpired terms for superior court judge in 
the same year as full terms, by considering unexpired terms as separate offices for the 
purpose of applying a designated seat rule, upon third reading. 

The bill passes its third reading (electronically recorded) and is ordered sent to the 
House of Representatives. 

S. B. 922, a bill to make provisions for filling unexpired terms for superior court judge in 
the same year as full terms, without applying a designated seat rule except when the 
vacancy occurs so close to the election that it is an administrative necessity, upon third 
reading. 

The bill passes its third reading (electronically recorded) and is ordered sent to the 
House of Representatives. 

H. B. 761, a bill to apportion the federal estate tax burden as recommended by the 
General Statutes Commission, as amended, upon third reading. 

The bill, as amended, passes its third reading and is ordered sent to the House of 
Representatives for concurrence in Senate Amendment No. 1. 

RE-REFERRAL 

S. B. 994, a bill to create the North Carolina Grape Growers Board. 



June 26, 1986 



1986] SENATE JOURNAL 123 

On motion of Senator Barnes, the rules are suspended, and the bill is withdrawn from 
the Appropriations Committee and re-referred to the Judiciary I Committee. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Rauch for the Finance Committee: 

S. B. 879 (Committee Substitute), a bill to make substantive changes in laws regard- 
ing insurance taxes and fees as recommended by the Insurance Regulation Study Com- 
mission, with a favorable report, as amended. 

On motion of Senator Rauch, the rules are suspended and the Committee Substitute bill 
is placed before the Senate for immediate consideration, and on his further motion 
Committee Amendment No. 1, held to be material, is adopted, constituting first reading. 

On motion of Senator Rauch, the Committee Substitute bill, as amended, is placed on 
the Calendar for Friday, June 27, upon second reading. 

S. B. 945, a bill to authorize Nash County to levy a room occupancy and tourism 
development tax, as amended, with a favorable report. 

On motion of Senator Rauch, the rules are suspended and the bill, as amended, is placed 
before the Senate for immediate consideration, and on his further motion Committee 
Amendment No. 2, held to be material, is adopted, constituting first reading. 

On motion of Senator Rauch, the bill, as amended, is placed on the Calendar for Friday, 
June 27, upon second reading. 

S. B. 948, a bill authorizing several of the western counties to levy a room occupancy and 
tourism development tax, with a favorable report, as amended. 

On motion of Senator Rauch, the rules are suspended and the bill is placed before the 
Senate for immediate consideration, and on his further motion Committee Amendment 
No. 1, held to be material, is adopted, constituting first reading. 

On motion of Senator Rauch, the bill, as amended, is placed on the Calendar for Friday, 
June 27, upon second reading. 

H. B. 74, a bill to transfer the responsibility for issuing bingo licenses and estabhshing 
audit procedures for bingo accounts from the Department of Revenue to the Attorney 
General's Office, with a favorable report, as amended. 

On motion of Senator Rauch, the rules are suspended and the bill is placed before the 
Senate for immediate consideration, and on his further motion Committee Amendment 
No. 1 is adopted. 

On motion of Senator Rauch, the bill, as amended, is re-referred to the Ways and 
Means Committee. 

S. B. 918, a bill to make changes in procedures for levy of the Statesville occupancy tax, 
and to provide for additional uses of the proceeds, with an unfavorable report as to bill, but 
favorable as to Committee Substitute bill, held to be material. 

On motion of Senator Rauch, the rules are suspended and the Committee Substitute bill 
is placed before the Senate for immediate consideration, and on his further motion the 
Committee Substitute bill is adopted, constituting first reading. 



June 26, 1986 



124 SENATE JOURNAL [Second Session 

On motion of Senator Rauch, the Committee Substitute bill is placed on the Calendar 
for Friday, June 27, upon second reading. 

By Senator Staton for the Judiciary II Committee: 

S. B. 859, a bill to establish the North Carolina Childhood Vaccine-Related Injury 
Compensation Program, with an unfavorable report as to bill, but favorable as to Com- 
mittee Substitute bill. 

On motion of Senator Staton, the rules are suspended and the Committee Substitute bill 
is placed before the Senate for immediate consideration, and on his further motion the 
Committee Substitute bill is adopted. 

On motion of Senator Staton, the Committee Substitute bill is placed on the Calendar 
for Friday, June 27. 

The President of the Senate orders, without objection, all bills receiving affirmative 
action in the Senate until adjournment, sine die, shall be sent to the House of Representa- 
tives by special messenger. 

On motion of Senator Harrington, seconded by Senator Hunt of Durham, the Senate 
adjourns to meet tomorrow Friday, June 27, at 1:30 P.M. 



ONE HUNDRED THIRTY-FIFTH DAY .i 

Senate Chamber, 
Friday, June 27, 1986. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by Reverend Rodney G. Hamm, Millbrook United Methodist Church, 
Raleigh, as follows: 

"0 God, We thank You for giving to us the gift of this hour for our living. Guide, we 
pray, these Senators in their response to the opportunities that are and will be before 
them in the remainder of this day. Inspire them anew to their best intentions for service in 
their high office, and then, God, Whose thoughts are high above our thoughts, lead them 
into a better way that they might all work together mindful that You are a purposeful God 
and have directed we should have just government for the people. Help them, insomuch as 
You can make it possible, to be charitable to each other, and give to each one here both 
conviction and commitment mingled with wise compassion to deal with the needs of North 
Carolina. May this Body surrounded by the comforts they rightly deserve be mindful of 
the cries of the undeservedly uncomfortable and the suffering of men and women, boys 
and girls for whose sake they are called to serve. God, we pray Thee to show Your favor 
upon us by sending a rain that would aid our farming community, and may we find means 
to help the needy to find possibilities of industrious employment. Now, we pray Thee to 
help this Body to focus on the business at hand, and to reign over their hearts, minds, 
spirits and strength as we pray in our Master's Name. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his motion. 



June 27, 1986 



1986] SENATE JOURNAL 125 

the Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence to Senator Rauch for today. 

The President extends courtesies of the gallery to Gilbert Lee Boger, former Senator 
from Davie County. 

ENROLLED BILLS 

The EnroUing Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S. B. 889, an act to permit the City of Lumberton to have five members on the local ABC 
Board. (Ch. 811) 

S. B. 911, an act to amend the Charter of the City of Hamlet in Richmond County to 
effect the removal of certain lands from the corporate limits of said municipality. (Ch. 812) 

S. B. 935, an act to increase the penalty for parking violations that are committed in the 
City of Greenville and are established by relying on the prima facie rule of evidence. 
(Ch. 813) 

H. B. 961, an act to amend, subject to the approval of the electorate. Article V of the 
Constitution of North Carolina to authorize the issuance of revenue bonds to finance and 
refinance higher education facilities owned by nonprofit corporations. (Ch. 814) 

H. B. 1461, an act to revise and consolidate the Charter of the Town of Edenton. 
(Ch. 815) 

H. B. 1471, an act to correct the corporate boundaries of the Town of Madison. (Ch. 816) 

H. B. 1472, an act to provide for the use of all property tax collection methods in the 
collection of special assessments in the County of Rockingham. (Ch. 817) 

H. B. 1540, an act to annex property west of the corporate limits of the City of 
Greensboro and to exempt certain properties owned by the Greensboro-High Point 
Airport Authority and certain areas immediately adjacent thereto. (Ch. 818) 

H. B. 1447, an act to provide a motion picture license tax exemption for nonprofit 
centers for the performing and visual arts. (Ch. 819) 

H. B. 1449, an act to eliminate the requirement that an officer of a corporation sign an 
estimated income tax return filed by the corporation. (Ch. 820) 

H. B. 1451, an act clarifying when a gift tax return must be filed. (Ch. 821) 

H. B. 1467, an act to adjust the inheritance tax filing threshold in accordance with 
increases in the Class A Inheritance Tax Credit, and to make conforming changes to 
inheritance tax statutes necessitated by excluding transfers to the surviving spouse from 
tax. (Ch. 822) 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 



June 27, 1986 



126 SENATE JOURNAL [Second Session 

By Senator Harrington for the Rules and Operation of the Senate Committee: 

S. J. R. 1287, a joint resolution authorizing the 1985 General Assembly, 1986 Session, to 
consider a joint resolution repudiating the claim that the Wright Brothers did not make 
the first flight and expressing North Carolina's pride in the historic achievements of the 
Wright Brothers, with a favorable report. 

H. J. R. 1635, a joint resolution authorizing the 1985 General Assembly, 1986 Session, 
to consider "a bill to be entitled an act to require requests for consent to anatomical gifts," 
with a favorable report. 

H. J. R. 1845, a joint resolution authorizing the 1985 General Assembly, 1986 Session, 
to consider a bill to be entitled an act to repeal Chapter 461 of the 1985 Session Laws 
concerning the Venus Fly Trap plant, with a favorable report. 

H. J. R. 2041, a joint resolution authorizing the 1985 General Assembly, 1986 Session, 
to consider a joint resolution honoring the life and memory of George M. Wood, with a 
favorable report. 

By Senator Soles for the Judiciary IV Committee: 

H. B. 569 (Committee Substitute), a bill to establish an interdisciplinary committee to 
assist the court in developing alternatives for status offenders and to allow protective 
custody in response to violation of the terms of a vahd protective supervision order, with a 
favorable report, as amended. 

On motion of Senator Soles, the rules are suspended and the Committee Substitute bill 
is placed before the Senate for immediate consideration, and on his further motion 
Committee Amendment No. 1 is adopted. 

On motion of Senator Soles, the Committee Substitute bill, as amended, is re-referred 
to the Appropriations Committee. 

By Senator Hipps for the Children and Youth Committee: 

S. B. 924, a bill to achieve greater consistency and equity in the setting of child support 
obligation amounts through the use of advisory guideUnes, with an unfavorable report as 
to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Hipps, the rules are suspended and the Committee Substitute bill 
which changes the title to read, S. B. 924 (Committee Substitute), a bill to achieve 
greater consistency and equity in the setting of child support obligation amounts through 
the use of guidelines, is placed before the Senate for immediate consideration. 

On motion of Senator Hipps, the Committee Substitute bill is adopted, and on his 
further motion is placed on the Calendar for today. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Staton and Taft: 

S. B. 1289, a bill to appropriate funds to the Department of Insurance for the purpose of 
employing necessary staff to obtain actuarial services in professional liability insurance. 
Referred to Appropriations Committee. 



June 27, 1986 



1986] SENATE JOURNAL 127 

By Senators Staton and Taft: 

S. B. 1290, a bill to appropriate funds to the Industrial Commission for the purpose of 
hearing and passing on childhood vaccine-related injury claims. 
Referred to Appropriations Committee. 

By Senators Staton and Taft: 

S. B. 1291, a bill to appropriate funds to the Department of Human Resources for the 
purpose of providing essential and necessary services to persons who have suffered 
vaccine-related injuries. 

Referred to Appropriations Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

S. B. 438 (Committee Substitute), a bill to impose minimum terms of imprisonment for 
convictions of concealing merchandise or switching price tags, for concurrence in the 
House Committee Substitute bill which changes the title, upon concurrence, to read, 
S. B. 438 (House Committee Substitute), a bill to impose minimum terms of imprisonment 
and community service for convictions of concealing merchandise or switching price tags. 

Referred to Judiciary IV Committee. 

H. B. 1448, a bill requiring that certain golf carts and battery chargers be considered a 
single article for sales tax purposes. 
Referred to Finance Committee. 

H. B. 1580, a bill making clarifying amendments to the gasoline, special fuel, and 
highway use tax statutes. 
Referred to Finance Committee. 

H. B. 1609, a bill relating to municipal wards and precincts in those municipalities 
located in more than one county. 
Referred to Election Laws Committee. 

H. B. 1646, a bill to authorize McDowell County to levy a room occupancy and tourism 
development tax. 
Referred to Finance Committee. 

H. J. R. 1832, a joint resolution authorizing the 1985 General Assembly, 1986 Session, 
to consider a bill to be entitled an act to allow the disposition of certain property held in the 
Executive Mansion. 

Referred to Rules and Operation of the Senate Committee. 

H. J. R. 1886, a joint resolution authorizing the 1985 General Assembly, 1986 Session, 
to consider a bill to be entitled an act to exempt State operated curb markets from certain 
food regulations. 

Referred to Rules and Operation of the Senate Committee. 

H. B. 2086, a bill to amend the Employment Security Law in compliance with federal 
law regarding Federal-State extended unemployment compensation. 
Referred to Manufacturing and Labor Committee. 



June 27, 1986 



128 SENATE JOURNAL [Second Session 

H. J. R. 2093, a joint resolution authorizing the 1985 General Assembly, 1986 Session, 
to consider a bill to be entitled an act to amend the Hazardous Waste Treatment Commis- 
sion Law. 

Referred to Rules and Operation of the Senate Committee. -> 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

H. B. 1049 (Senate Committee Substitute), a bill to delay the sunset on APA Rules. 

On motion of Senator Barnes, the Senate Committee Substitute bill is placed before the 
Senate as the first item of business. 

The Senate Committee Substitute bill passes its second (electronically recorded) and 
third readings and is ordered sent to the House of Representatives for concurrence in the 
Senate Committee Substitute bill. 

H. B. 1007 (Senate Committee Substitute), a bill to modify the qualifications for a land 
surveyor applicant. 

On motion of Senator Guy, consideration of the Senate Committee Substitute bill is 
postponed until Monday, June 30. 

H. B. 606 (Senate Committee Substitute), a bill to authorize Wake County and the City 
of Raleigh to levy occupancy taxes, for adoption of the Conference Committee Report 
submitted Thursday, June 26, upon third reading. 

On motion of Senator Johnson of Wake, the Conference Report is adopted by roll-call 
vote, ayes 43, noes 0, as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Cobb, Conder, Ezzell, Goldston, 
Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDowell, Par- 
nell, Plyler, Price, Rand, Redman, Royall, Sawyer, Shaw, Simpson, Smith, Soles, Speed, 
Staton, Swain, Taft, Thomas of Craven, Thomas of Henderson, Walker, Ward, Warren, 
Watt, Williams, and Woodard — 43. 

Voting in the negative: None. 

A message is ordered sent to the House of Representatives informing that Honorable 
Body of such action. 

S. B. 949, a bill to authorize Swain County to levy a room occupancy and tourism 
development tax, as amended, upon third reading. 

The bill, as amended, passes it third reading by roll-call vote, ayes 40, noes 0, as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Cobb, Conder, Ezzell, Goldston, 
Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Kaplan, Martin of Pitt, Martin of Guilford, McDowell, Parnell, Plyler, Price, 
Rand, Redman, Royall, Sawyer, Shaw, Smith, Soles, Speed, Staton, Tally, Thomas of 
Craven, Thomas of Henderson, Walker, Ward, Warren, Watt, Wilhams, Winner, and 
Woodard — 40. 

Voting in the negative: None. 
. The bill, as amended, is ordered sent to the House of Representatives. 

S. B. 952, a bill authorizing Forsyth County to levy an additional one percent room 
occupancy and tourism development tax, upon third reading. 
The bill passes its third reading by roll-call vote, ayes 40, noes 0, as follows: 



June 27, 1986 



1986] SENATE JOURNAL 129 

Voting in the affirmative: Senators Barnes, Basnight, Cobb, Conder, Ezzell, Goldston, 
Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Kaplan, Martin of Pitt, Martin of Guilford, McDowell, Parnell, Plyler, Price, 
Rand, Redman, Royall, Sawyer, Shaw, Smith, Soles, Speed, Staton, Tally, Thomas of 
Craven, Thomas of Henderson, Walker, Ward, Warren, Watt, Williams, Winner, and 
Woodard — 40. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

H. B. 1444, a bill to clarify the authority of Halifax County and the municipalities 
located therein to undertake economic development activities, as amended, upon third 
reading. 

The bill, as amended, passes its third reading by roll-call vote, ayes 40, noes 0, as 
follows: 

Voting in the affirmative: Senators Barnes, Basnight, Cobb, Conder, Ezzell, Goldston, 
Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Kaplan, Martin of Pitt, Martin of Guilford, McDowell, Parnell, Plyler, Price, 
Rand, Redman, Royall, Sawyer, Shaw, Smith, Soles, Speed, Staton, Tally, Thomas of 
Craven, Thomas of Henderson, Walker, Ward, Warren, Watt, Williams, Winner, and 
Woodard — 40. 

Voting in the negative: None. 

The bill, as amended, is ordered sent to the House of Representatives for concurrence in 
Senate Amendment No. 1, which changes the title, upon concurrence, as reflected upon 
second reading. 

H. B. 1520, a bill to vahdate local improvement assessments heretofore levied and 
assessed by the Town Council of the Town of Tarboro, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 40, noes 0, as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Cobb, Conder, Ezzell, Goldston, 
Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Kaplan, Martin of Pitt, Martin of Guilford, McDowell, Parnell, Plyler, Price, 
Rand, Redman, Royall, Sawyer, Shaw, Smith, Soles, Speed, Staton, Tally, Thomas of 
Craven, Thomas of Henderson, Walker, Ward, Warren, Watt, WiUiams, Winner, and 
Woodard — 40. 

Voting in the negative: None. 

The bill is ordered enrolled. - 

S. B. 945, a bill to authorize Nash County to levy a room occupancy and tourism 
development tax, as amended, upon second reading. 

The bill, as amended, passes its second reading by roll-call vote, ayes 42, noes 0, as 
follows: 

Voting in the affirmative: Senators Barnes, Basnight, Conder, Ezzell, Goldston, Guy, 
Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Kaplan, Kincaid, 
Martin of Pitt, Martin of Guilford, Marvin, McDowell, Parnell, Plyler, Price, Rand, 
Redman, Royall, Sawyer, Shaw, Simpson, Smith, Soles, Speed, Staton, Swain, Taft, 
Tally, Thomas of Craven, Thomas of Henderson, Ward, Warren, Watt, Williams, Win- 
ner, and Woodard — 42. 

Voting in the negative: None. - 

The bill, as amended, remains on the Calendar for further consideration upon third 
reading. 



June 27, 1986 



130 SENATE JOURNAL [Second Session 

S. B. 948, a bill authorizing several of the western counties to levy a room occupancy and 
tourism development tax, as amended, upon second reading. 

Senator Hunt of Durham offers Amendment No. 2, changing the title to read, S. B. 948, 
a bill authorizing several of the western counties and Durham County to levy a room 
occupancy and tourism development tax, which is adopted (electronically recorded), and 
held to be material constituting the first reading. 

The bill, as amended, remains on the Calendar for Monday, June 30, upon second 
reading. 

S. B. 918 (Committee Substitute), a bill to make changes in procedures for levy of the 
Statesville occupancy tax, and to provide for additional uses of the proceeds, upon second 
reading. 

The Committee Substitute bill passes its second reading by roll-call vote, ayes 42, noes 
0, as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Conder, Ezzell, Goldston, Guy, 
Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Kaplan, Kincaid, 
Martin of Pitt, Martin of Guilford, Marvin, McDowell, Parnell, Plyler, Price, Rand, 
Redman, Royall, Sawyer, Shaw, Simpson, Smith, Soles, Speed, Staton, Swain, Taft, 
Tally, Thomas of Craven, Thomas of Henderson, Ward, Warren, Watt, WiUiams, Win- 
ner, and Woodard — 42. 

Voting in the negative: None. 

The Committee Substitute bill remains on the Calendar for further consideration upon 
third reading. 

H. B. 1483, a bill to revise the Charter of the City of Elizabeth City, change the form of 
government of the City of Elizabeth City and schedule nonpartisan municipal election, 
upon second reading. 

The bill passes its second reading by roll-call vote, ayes 42, noes 0, as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Conder, Ezzell, Goldston, Guy, 
Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Kaplan, Kincaid, 
Martin of Pitt, Martin of Guilford, Marvin, McDowell, Parnell, Plyler, Price, Rand, 
Redman, Royall, Sawyer, Shaw, Simpson, Smith, Soles, Speed, Staton, Swain, Taft, 
Tally, Thomas of Craven, Thomas of Henderson, Ward, Warren, Watt, Williams, Win- 
ner, and Woodard — 42. 

Voting in the negative: None. 

The bill remains on the Calendar for further consideration upon third reading. 

H. B. 1492, a bill to annex certain non-contiguous territory to the Town of Maiden, upon 
second reading. 

The bill passes its second reading by roll-call vote, ayes 42, noes 0, as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Conder, Ezzell, Goldston, Guy, 
Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Kaplan, Kincaid, 
Martin of Pitt, Martin of Guilford, Marvin, McDowell, Parnell, Plyler, Price, Rand, 
Redman, Royall, Sawyer, Shaw, Simpson, Smith, Soles, Speed, Staton, Swain, Taft, 
Tally, Thomas of Craven, Thomas of Henderson, Ward, Warren, Watt, Williams, Win- 
ner, and Woodard — 42. 

Voting in the negative: None. 

The bill remains on the Calendar for further consideration upon third reading. 

H. B. 1525, a bill to allow Craven County and municipahties located therein to engage in 



June 27, 1986 



1986] SENATE JOURNAL 131 

economic development activities, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 42, noes 0, as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Conder, Ezzell, Goldston, Guy, 
Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Kaplan, Kincaid, 
Martin of Pitt, Martin of Guilford, Marvin, McDowell, Parnell, Plyler, Price, Rand, 
Redman, Royall, Sawyer, Shaw, Simpson, Smith, Soles, Speed, Staton, Swain, Taft, 
Tally, Thomas of Craven, Thomas of Henderson, Ward, Warren, Watt, Williams, Win- 
ner, and Woodard — 42. 

Voting in the negative: None. 

The bill remains on the Calendar for further consideration upon third reading. 

H. B. 1561, a bill to ratify certain actions of the Town of Weddington and the City of 
Charlotte, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 42, noes 0, as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Conder, Ezzell, Goldston, Guy, 
Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Kaplan, Kincaid, 
Martin of Pitt, Martin of Guilford, Marvin, McDowell, Parnell, Plyler, Price, Rand, 
Redman, Royall, Sawyer, Shaw, Simpson, Smith, Soles, Speed, Staton, Swain, Taft, 
Tally, Thomas of Craven, Thomas of Henderson, Ward, Warren, Watt, Williams, Win- 
ner, and Woodard — 42. 

Voting in the negative: None. 

The bill remains on the Calendar for further consideration upon third reading. 

H. B. 1576, a bill to allow Gaston County and municipalities located therein to engage in 
economic development activities, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 42, noes 0, as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Conder, Ezzell, Goldston, Guy, 
Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Kaplan, Kincaid, 
Martin of Pitt, Martin of Guilford, Marvin, McDowell, Parnell, Plyler, Price, Rand, 
Redman, Royall, Sawyer, Shaw, Simpson, Smith, Soles, Speed, Staton, Swain, Taft, 
Tally, Thomas of Craven, Thomas of Henderson, Ward, Warren, Watt, Wilhams, Win- 
ner, and Woodard — 42. 

Voting in the negative: None. 

The bill remains on the Calendar for further consideration upon third reading. 

H. B. 1579, a bill to create the Elizabethtown Airport and Economic Development 
Commission, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 42, noes 0, as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Conder, Ezzell, Goldston, Guy, 
Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Kaplan, Kincaid, 
Martin of Pitt, Martin of Guilford, Marvin, McDowell, Parnell, Plyler, Price, Rand, 
Redman, Royall, Sawyer, Shaw, Simpson, Smith, Soles, Speed, Staton, Swain, Taft, 
Tally, Thomas of Craven, Thomas of Henderson, Ward, Warren, Watt, Wilhams, Win- 
ner, and Woodard — 42. 

Voting in the negative: None. 

The bill remains on the Calendar for further consideration upon third reading. 

S. B. 948, a bill authorizing several of the western counties and Durham County to levy 
a room occupancy and tourism development tax, as amended, is taken from the Calendar 
of Monday, June 30, and placed before the Senate for further consideration on motion of 
Senator Hipps. 

Senator Hipps moves that the vote by which Amendment No. 2 was adopted, be 
reconsidered, which motion prevails. 

June 27, 1986 



132 SENATE JOURNAL [Second Session 

On motion of Senator Hunt of Durham, and without objection, Amendment No. 2 is 
withdrawn, changing the title to read, S. B. 948, a bill authorizing several of the western 
counties to levy a room occupancy and tourism development tax. 

The bill, as amended, remains before the Senate for consideration, upon second read- 
ing. 

The bill, as amended, passes its second reading by roll-call vote, ayes 38, noes 0, as 
follows: 

Voting in the affirmative: Senators Barnes, Basnight, Cobb, Conder, Ezzell, Goldston, 
Guy, Hardison, Harrington, Harris, Hipps, Hunt of Moore, Johnson of Wake, Kincaid, 
Martin of Pitt, Martin of Guilford, Marvin, McDowell, Plyler, Price, Redman, Royall, 
Sawyer, Shaw, Smith, Soles, Staton, Swain, Taft, Tally, Thomas of Craven, Thomas of 
Henderson, Ward, Warren, Watt, Williams, Winner, and Woodard — 38. 

Voting in the negative: None. 

The bill, as amended, remains on the Calendar for further consideration- upon third 
reading. 

S. B. 867, a bill to authorize the Yancey Board of Commissioners to exercise jurisdiction 
over the regulation of domestic animals. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

H. B. 1428, a bill to allow the Graham County Industrial Development Authority and 
Graham County to convey the golf course property at private sale, and to validate a 
mortgage. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 1465, a bill to allow Randolph County to estabhsh voting precincts without regard 
to township boundaries. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 1469, a bill to authorize the Town of Highlands to adopt and enact ordinances 
regulating the removal, replacement, and preservation of trees within the Town of 
Highlands. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 1470 (Committee Substitute), a bill to permit the City of Burlington to convey at 
private sale to The Gallery Players, Incorporated, the Paramount Theatre and certain 
adjacent properties. 

The Committee Substitute bill passes its second (electronically recorded) and third 
readings and is ordered enrolled. . 

H. B. 1481, a bill to allow Davie County ordinances regulating waste disposal to apply 
countywide, and to authorize Davie County to enter into long term contracts for disposal 
of solid waste. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 1522, a bill to provide for four-year terms for the Mayor and Board of Commission- 
ers of the Town of Falkland. 



June 27, 1986 



1986] SENATE JOURNAL 133 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 1545, a bill to permit the employment of unlicensed shampooers in Randolph 
County. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 1554, a bill to raise the compensation of the Buncombe County Board of Educa- 
tion. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 1558, a bill to provide for the appointment of Trustees for Albemarle Hospital in 
Pasquotank County. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 1575, a bill to extend the law enforcement jurisdiction of city law enforcement 
officers assigned to the Gaston County Drug Enforcement Unit. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 1581, a bill to make revisions in the Charter of the City of Kinston. 
The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 1582, a bill to change the Charter of the Simmons-Nott Airport Authority so as to 
remove the City of New Bern from responsibiUty under that Act. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 1590, a bill to authorize Catawba County and municipalities located therein to 
regulate abandoned and junked vehicles for aesthetic purposes. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 1615, a bill to regulate hunting from roads in Brunswick County. 
The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

S. B. 866 (Committee Substitute No. 2), a bill to provide roads to the future, as 
amended, upon third reading. 

The Committee Substitute bill No. 2, as amended, passes its third reading by roll-call 
vote, ayes 40, noes 5, as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Cobb, Conder, Ezzell, Goldston, 
Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Johnson of Wake, Kaplan, Martin of Pitt, Martin of Guilford, Marvin, 
McDowell, Parnell, Plyler, Rand, Redman, Royall, Shaw, Soles, Speed, Staton, Swain, 
Taft, Tally, Thomas of Craven, Thomas of Henderson, Walker, Ward, Warren, Watt, 
Winner, and Woodard — 40. 

Voting in the negative: Senators Kincaid, Price, Sawyer, Simpson, and Smith — 5. 



June 27, 1986 



134 SENATE JOURNAL [Second Session 

The following pair is announced: Senator Williams, "aye"; Senator Ballenger, "no". 
The Committee Substitute bill No. 2, as amended, without objection, is ordered sent to 
the House of Representatives by special messenger. 

S. B. 1024, a bill to authorize the construction and the financing of a certain capital 
improvement project by the University of North CaroHna at Chapel Hill, upon third 
reading. 
The bill passes its third reading by roll-call vote, ayes 45, noes 0, as follows: 
Voting in the affirmative: Senators Barnes, Basnight, Cobb, Conder, Ezzell, Goldston, 
Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, 
McDowell, Parnell, Plyler, Price, Redman, Royall, Sawyer, Shaw, Simpson, Smith, 
Soles, Speed, Staton, Swain, Taft, Tally, Thomas of Craven, Thomas of Henderson, 
Walker, Ward, Warren, Watt, Williams, Winner, and Woodard — 45. 

Voting in the negative: None. t 

The bill is ordered, without objection, sent to the House of Representatives by special 
messenger. 

H. B. 1446, a bill providing that a multistate corporation that receives an income tax 
credit for property taxes paid to a governmental unit in this State must add the total 
amount of the credit to its State taxable income and may not apply an apportionment 
factor to the credit, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 46, noes 0, as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Cobb, Conder, Ezzell, Goldston, 
Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, 
McDowell, Parnell, Plyler, Price, Rand, Redman, Royall, Sawyer, Shaw, Simpson, 
Smith, Soles, Speed, Staton, Swain, Taft, Tally, Thomas of Craven, Thomas of Hender- 
son, Walker, Ward, Warren, Watt, Williams, Winner, and Woodard — 46. , . 

Voting in the negative: None. 

The bill is ordered enrolled. -; s- 

H. B. 1452, a bill making technical amendments to the revenue laws, upon third 
reading. 

The bill passes its third reading by roll-call vote, ayes 41, noes 0, as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Cobb, Conder, Ezzell, Goldston, 
Guy, Hardison, Harrington, Hipps, Hunt of Durham, Hunt of Moore, Johnson of Cabar- 
rus, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, McDowell, 
Parnell, Plyler, Price, Rand, Royall, Sawyer, Shaw, Simpson, Smith, Soles, Speed, 
Swain, Taft, Tally, Thomas of Craven, Thomas of Henderson, Walker, Ward, Warren, 
Watt, WilHams, and Winner — 41. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H. B. 2080, a bill to amend the State Refunding Bond Act, the same being Article 3 of 

Chapter 142 of the General Statutes, G. S. 142-20 to 142-29, inclusive, by substituting a 

revised Article 3 therefor, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 41, noes 0, as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Cobb, Conder, Ezzell, Goldston, 

Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 



June 27, 1986 



1986] SENATE JOURNAL 135 

Cabarrus, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDowell, Par- 
nell. Price, Royall, Sawyer, Shaw, Smith, Soles, Speed, Staton, Swain, Taft, Tally, 
Thomas of Craven, Thomas of Henderson, Walker, Ward, Warren, Watt, Williams, 
Winner, and Woodard — 41. 

Voting in the negative: None. 

The bill is ordered enrolled. 

S. B. 879 (Committee Substitute), a bill to make substantive changes in laws regarding 
insurance taxes and fees as recommended by the Insurance Regulation Study Commis- 
sion, as amended, upon second reading. 

The Committee Substitute bill, as amended, passes its second reading by roll-call vote, 
ayes 42, noes 0, as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Cobb, Conder, Ezzell, Goldston, 
Guy, Hardison, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of Wake, 
Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDowell, Parnell, Price, 
Rand, Royall, Sawyer, Shaw, Simpson, Smith, Soles, Speed, Staton, Swain, Taft, Tally, 
Thomas of Craven, Thomas of Henderson, Walker, Ward, Warren, Watt, Williams, 
Winner, and Woodard — 42. 

Voting in the negative: None. 

The Committee Substitute bill, as amended, remains on the Calendar for further 
consideration upon third reading. 

S. B. 858 (Committee Substitute), a bill to implement the recommendations of the 
Medical Malpractice Study Commission and to improve the capacity of the State to 
monitor the claims experience of liability insurers; assist the health care professions in 
peer review, risk management and self-disciplinary efforts; and limit the liability of health 
care providers for noneconomic and punitive damages, upon second reading. 

On motion of Senator Taft, consideration of the Committee Substitute bill is postponed 
until Tuesday, July 1. 

S. B. 859 (Committee Substitute), a bill to establish the North Carolina Childhood 
Vaccine-Related Injury Compensation Program. 

Senator Watt offers a motion that the Committee Substitute bill be removed from 
today's Calendar and placed on the Calendar for Tuesday, which motion he subsequently 
withdraws. 

Senator Watt offers a motion that the Committee Substitute bill be removed from 
today's Calendar and placed on the Calendar for Monday, which motion fails of adoption 
(electronically recorded). 

Senator Staton offers Amendment No. 1 and Amendment No. 2 which are adopted 
(electronically recorded). 

The President of the Senate relinquishes the gavel to the President Pro Tempore, 
Senator Harrington. 

Senator Staton offers Amendment No. 3. After lengthy debate. Senator Staton calls the 
previous question, seconded by Senator Harris. The call is sustained. Amendment No. 3 is 
adopted (electronically recorded). 

Senator Staton offers Amendment No. 4 which fails of adoption (electronically re- 
corded). 

Senator Staton calls the previous question, seconded by Senator Barnes. The call is 
sustained. 

The Committee Substitute bill, as amended, passes its second reading (electronically 
recorded). 



June 27, 1986 



136 SENATE JOURNAL [Second Session 

Senator Staton objects to the third reading. 

Senator Martin of Guilford offers a motion that the Committee Substitute bill, as 
amended, be placed on the Calendar for Monday, June 30, which motion fails to prevail 
(electronically recorded). 

The Committee Substitute bill, as amended, remains on the Calendar for Saturday, 
June 28, for further consideration upon third reading. 

The President of the Senate assumes the gavel. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bill properly enrolled, and that it is duly 
ratified and sent to the office of the Secretary of State: 

H. B. 2080, an act to amend the State Refunding Bond Act, the same being Article 3 of 
Chapter 142 of the General Statutes, G. S. 142-20 to 142-29, inclusive, by substituting a 
revised Article 3 therefor. (Ch. 823) 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Johnson of Wake for the Insurance Committee: 

H. B. 1511 (Committee Substitute), a bill to revise the rating and classification plans 
and the ratemaking procedure for nonfleet private passenger motor vehicle insurance; to 
make revisions and improvements in the regulation of commercial property and liability 
insurance rates; to require reports from insurers and to authorize the Insurance Com- 
missioner to modify rates if statutory changes in civil law affect insurers' experience; and 
to make changes in certain insurance market practices for the benefit to consumers, with 
an unfavorable report as to Committee Substitute bill, but favorable as to Senate Com- 
mittee Substitute bill. 

On motion of Senator Johnson of Wake, the rules are suspended and the Senate 
Committee Substitute bill, which changes the title to read, H. B. 1511 (Senate Committee 
Substitute), a bill to revise the rating and classification plans and the ratemaking pro- 
cedure for nonfleet private passenger motor vehicle insurance; to make revisions and 
improvements in the regulation of commercial property and liabihty insurance rates; to 
require reports from insurers and to authorize the Insurance Commissioner to modify 
rates if statutory changes in civil law affect insurers' experience; to make changes in 
certain insurance market practices for the benefit of consumers; and to implement certain 
recommendations of the Liability and Property Insurance Markets Study Commission, is 
placed before the Senate for immediate consideration. 

On motion of Senator Johnson of Wake, the Senate Committee Substitute bill is 
adopted, and on his further motion is placed on the Calendar for Monday, June 30, as 
Special Order of Business No. 1. 

By Senator Thomas of Henderson for the Finance Committee: 

S. B. 1273, a bill to provide that when a motor vehicle is transferred incident to 
organization of a partnership or corporation, and no gain or loss would be recognized for 
income tax purposes on such transfer, no sales tax is due on such transfer, with a favorable 
report. 



June 27, 1986 



1986] SENATE JOURNAL 137 

H. B. 672, a bill to allow Onslow County to levy a room occupancy and tourism 
development tax, with a favorable report. 

H. B. 1573, a bill to amend the law relating to the probation supervision fee, with a 
favorable report. 

H. B. 1597, a bill to extend the boundaries of the Buck Shoals Fire Protection District in 
Wilkes and Yadkin Counties, with a favorable report. 

S. B. 896, a bill to allow the levy of a room occupancy and tourism development tax in the 
cities of Hickory and Conover, with a favorable report, as amended. 

On motion of Senator Thomas of Henderson, the rules are suspended and the bill is 
placed before the Senate for immediate consideration. 

On motion of Senator Thomas of Henderson, Committee Amendments No. 1, No. 2, and 
No. 3 are adopted, with Amendments No. 1 and No. 3 held to be material. Amendment 
No. 1 changes the title to read S. B. 896, a bill to allow the levy of a room occupancy and 
tourism development tax in the Cities of Conover, Goldsboro, Hendersonville, and 
Hickory. Amendment No. 3 further changes the title to read, S. B. 896, a bill to allow the 
levy of a room occupancy and tourism development tax in the Cities of Conover, Golds- 
boro, Hendersonville, and Hickory, Goldsboro. 

The adoption of Committee Amendments No. 1 and No. 3 constitute the first reading of 
the bill, and the Chair orders the bill, as amended, placed on the Calendar for the next 
legislative day, upon second reading. 

CALENDAR (Continued) 

S. B. 895 (Committee Substitute), a bill to regulate the sale of electric weapons or 
devices. 

On motion of Senator Swain, the Committee Substitute bill is recommitted to the 
Judiciary III Committee. 

WITHDRAWAL FROM COMMITTEE 

S. B. 438 (House Committee Substitute), a bill to impose minimum terms of imprison- 
ment and community service for convictions of concealing merchandise or switching price 
tags. 

On motion of Senator Winner, the rules are suspended and the House Committee 
Substitute bill is taken from the Judiciary IV Committee and placed before the Senate for 
immediate consideration for concurrence in the House Committee Substitute bill. 

On motion of Senator Winner, the Senate concurs in the House Committee Substitute 
bill (electronically recorded) which changes the title to read, S. B. 438 (House Committee 
Substitute), a bill to impose minimum terms of imprisonment and community service for 
convictions of conceahng merchandise or switching price tags. The House Committee 
Substitute bill is ordered enrolled. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H. B. 606 House of Representatives 

(Committee Substitute) June 27, 1986 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that the 
House has adopted the report of the Conferees on Committee Substitute H. B. No. 606, 

June 27, 1986 



138 SENATE JOURNAL [Second Session 

A BILL TO BE ENTITLED AN ACT TO AUTHORIZE WAKE COUNTY AND THE 
CITY OF RALEIGH TO LEVY OCCUPANCY TAXES, to the end that when a similar 
action has been taken on the part of the Senate, we will order the bill enrolled. 

Respectfully, .ov.^- 

. , ...- . S/ Grace A, Collins ' • 

Principal Clerk 

H. B. 1477, a bill to provide for the registration of land in Vance County and to prohibit 
hunting or the discharge of firearms without permission by persons on the registered land 
and on abutting portions of highway. . ; a ; 

Referred to Natural and Economic Resources and Wildlife Committee. 

H. B. 1562 (Committee Substitute), a bill to make omnibus amendments concerning 
local governments in Orange and Chatham Counties. 

Referred to Local Government and Regional Affairs Committee. 

H. B. 1584, a bill to authorize Chowan County to levy an excise tax on instruments 
conveying real property in Chowan County. ■,..:. . . . ■. .... -,; 

Referred to Finance Committee. 

H. B. 1695 (Committee Substitute), a bill to allow the New Hanover County Board of 
Education to convey at private sale the Peabody School to Headstart of New Hanover 
County. 

Referred to Local Government and Regional Affairs Committee. 

CALENDAR (Continued) ^ 

S. B. 939 (Committee Substitute), a bill to provide for expediting child support cases as 
required by federal law. 

Senator Winner offers Amendment No. 1 which fails of adoption (electronically re- 
corded). 

The Committee Substitute bill passes its second (electronically recorded) and third 
readings and is ordered, without objection, sent to the House of Representatives by 
special messenger. 

S. B. 948, a bill authorizing several of the western counties to levy a room occupancy and 
tourism development tax. 

Senator Hipps moves that the vote by which the bill passed its second reading be 
reconsidered, which motion prevails, without objection. 

Senator Hunt of Durham offers Amendment No. 2, earlier withdrawn, which is adopted 
(electronically recorded), changing the title to read, S. B. 948, a bill authorizing several of 
the western counties and Durham County to levy a room occupancy and tourism develop- 
ment tax, held to be material and constituting the first reading of the bill. 

Without objection, the Chair orders the bill, as amended, placed on the Calendar for 
Saturday, June 28, upon second reading. 

S. B. 1286, a bill to provide for severance pay or discontinued service retirement for 
employees who are separated due to a reduction in force. 

The bill passes its second (electronically recorded) and third readings and is ordered, 
without objection, sent to the House of Representatives by special messenger (without 
engrossment). 



June 27, 1986 



1986] SENATE JOURNAL 139 

H. B. 491 (Senate Committee Substitute), a bill to clarify that the 1983 rewrite of the 
North Carohna Election Campaign Fund Act which allowed disbursements to all candi- 
dates allows disbursements to all registered treasurers. 

The Senate Committee Substitute bill passes its second (electronically recorded) and 
third readings and is ordered sent to the House of Representatives for concurrence in the 
Senate Committee Substitute bill without objection, by special messenger. 

H. B. 1179 (Senate Committee Substitute), a bill to restore the right of near relatives to 
assist voters, which was repealed by the 1985 Session. 

On motion of Senator Kaplan, consideration of the Senate Committee Substitute bill is 
postponed until Tuesday, July 1. 

H. B. 1509, a bill to make technical amendments to the Statutes creating infractions. 

The bill passes its second (electronically recorded) and third readings. 

Senator Plyler moves that the vote by which the bill passed its third reading be 
reconsidered, which motion prevails. 

Senator Rand offers Amendment No. 1. Senator Winner offers a motion that the bill, 
with Amendment No. 1 pending, be placed on the Calendar for the next legislative day for 
further consideration, which motion prevails. 

S. B. 925, a bill to amend the application fee and cost recovery provisions related to the 
IV-D child support program, as amended, upon third reading. 

The bill, as amended, passes its third reading (electronically recorded) and is ordered, 
without objection, sent to the House of Representatives by special messenger. 

S. B. 485 (House Committee Substitute), a bill to provide that a recorded instrument 
that corrects an obvious minor error made in the instrument as originally recorded is valid 
if the correction in the new instrument is initialed and an explanation statement is signed 
by the parties to the instrument or the attorney who drafted the instrument, for con- 
currence in the House Committee Substitute bill. 

On motion of Senator Barnes, the Senate concurs in the House Committee Substitute 
bill (electronically recorded), and the House Committee Substitute bill is ordered en- 
rolled. 

S. B. 924 (Committee Substitute), a bill to achieve greater consistency and equity in the 
setting of child support obhgation amounts through the use of guidelines. 

Senator Winner offers Amendment No. 1 which is adopted (electronically recorded). 

The Committee Substitute bill, as amended, passes its second (electronically recorded) 
and third readings and is ordered engrossed and sent to the House of Representatives. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

S. B. 634 House of Representatives 

(Committee Substitute) June 27, 1986 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that the 
House has adopted the report of the Conferees on S. B. 634, A BILL TO PERMIT 
GRAND JURIES TO INVESTIGATE DRUG TRAFFICKING, TO INCREASE THE 



June 27, 1986 



140 SENATE JOURNAL [Second Session 

MAXIMUM TERM OF IMPRISONMENT FOR CRIMINAL CONTEMPT FOR 
REFUSING TO TESTIFY AFTER BEING GRANTED IMMUNITY, AND TO LIMIT 
THE SCOPE OF IMMUNITY GRANTED WITNESSES TO USE IMMUNITY, to the 
end that when a similar action has been taken on the part of the Senate, you may order 
your bill enrolled. ,• 

Respectfully, 

, -;• . ■ :•: , ■■;;.■. ' S/ Grace Collins ■ . ■■,-',..,. ■'^,.:.' 

J -/ Principal Clerk .> ;; 

CONFERENCE REPORT 

Senator Rand, for the Conferees appointed to consider the differences arising between 
the Senate and House of Representatives upon S. B. 634 (Committee Substitute), a bill to 
permit grand juries to investigate drug trafficking, to increase the maximum term of 
imprisonment for criminal contempt for refusing to testify after being granted immunity, 
and to limit the scope of immunity granted witnesses to use immunity, submits the 
following report: 

To the President of the Senate and the 
Speaker of the House of Representatives: < . ' ^ ,:'' 

We your conferees, appointed to resolve the differences arising between the Senate and 
the House of Representatives on Senate Bill 634, Third Edition Engrossed, A BILL TO 
BE ENTITLED AN ACT TO PERMIT GRAND JURIES TO INVESTIGATE DRUG 
TRAFFICKING, TO INCREASE THE MAXIMUM TERM OF IMPRISONMENT 
FOR CRIMINAL CONTEMPT FOR REFUSING TO TESTIFY AFTER BEING 
GRANTED IMMUNITY, AND TO LIMIT THE SCOPE OF IMMUNITY GRANTED 
WITNESSES TO USE IMMUNITY, wish to report as follows: 

The Senate concurs in House Amendment #L / 

The Senate concurs in House Amendment #2. '^ 

The Senate concurs in House Amendment #3, with an amendment. In the last line of the 
amendment, delete the period. 

The Senate concurs in House Amendment #4. The second part of the amendment relates 
to the period in the 3rd edition, and not in Amendment #2. 

The House recedes from its amendment #5 and the following new amendment is sub- 
stituted: on page 3, Hne 1, by adding immediately after the phrase "witnesses." the 
following new sentences: "If the prosecutor determines that it is necessary to compel 
testimony from the witness, he may grant use immunity to the witness. The grant of 
use immunity shall be given to the witness in writing by the prosecutor and shall be 
signed by the prosecutor. The written grant of use immunity shall also be read into the 
record by the prosecutor and shall include an explanation of use immunity as provided 
inG. S. 15A-1051." , 

The Senate concurs in House Amendment #6. 

The House recedes from its amendment No. 7 and the following new amendment is 
substituted: on page 3, line 27, by adding immediately after the phrase "designate," a 



June 27, 1986 



1986] SENATE JOURNAL 141 

new sentence to read: "The subpoena shall otherwise be subject to the provisions of 
G. S. 15A-801." 

The Senate and House of Representatives agree to same. 

S/ Anthony E. Rand S/ H. M. Michaux 

S/ Charles W. Hipps S/ W. Paul Pulley 

S/ Robert D. Warren S/ Charles D, Evans 

Conferees for the Senate Conferees for the 

House of Representatives 

On motion of Senator Rand, the Conference Report is adopted (electronically recorded) 
and the Committee Substitute bill is ordered enrolled. A message is ordered sent to the 
House of Representatives informing that Honorable Body of such action. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Staton, for the Judiciary II Committee: 

H. B. 1100 (Committee Substitute), a bill to estabUsh the Radiation Technology 
Practice Act, with an unfavorable report as to Committee Substitute bill, but favorable 
report as to Senate Committee Substitute bill. 

On motion of Senator Staton, the rules are suspended and the Senate Committee 
Substitute bill is placed before the Senate for immediate consideration. 

On motion of Senator Staton, the Senate Committee Substitute bill is adopted, and on 
his further motion is re-referred to the Finance Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H. J. R. 2097, a joint resolution authorizing the 1985 General Assembly, 1986 Session, 
to consider a bill to be entitled an act to allow Warren County to enact local fair housing 
ordinances. 

Referred to Rules and Operation of the Senate Committee. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H. J. R. 2115, a joint resolution authorizing the 1985 General Assembly, 1986 Session, 
to consider a bill to authorize certain housing authorities to provide housing for moderate 
income persons. 

Referred to Rules and Operation of the Senate Committee. 

H. J. R. 2112, a joint resolution authorizing the 1985 General Assembly, 1986 Session, 
to consider a joint resolution repudiating the claim that the Wright Brothers did not make 
the first flight and expressing North Carolina's pride in the historic achievements of the 
Wright Brothers. 



June 27. 1986 



142 SENATE JOURNAL [Second Session 

Referred to Rules and Operation of the Senate Committee. 

H. B. 2092, a bill to authorize a bond issue to construct a parking deck behind the 
Albemarle Building. 
Referred to Finance Committee. 

H. B. 1459, a bill to make the definition of a city the same under the city and county laws, 
and to conform to an attorney general's opinion as to the eligibility of cities incorporated 
before 1945 for Powell Bill allocations. , . , 

Referred to Judiciary I Committee. 

H. B. 2100, a bill to grant general law power of eminent domain to county water and 

sewer districts. 

Referred to Judiciary I Committee. « i " ^ ' _ > - ; . -^ ^ 

On motion of Senator Royall, seconded by Senator Barnes, the Senate adjourns to meet 
tomorrow, Saturday, June 28, at 9:00 A.M. 



ONE HUNDRED THIRTY-SIXTH DAY 

■■' : r-y-.n'---\ 'v.- :>•, w- ,;; :: '--■.':■■■■■■ .^- ■'■■■? Senate Chamber, .-.^ ts i| 

Saturday, June 28, 1986. ' 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by the Honorable Joseph E. Thomas, Senator from Craven County, as 
follows: 

"Our Father, we thank Thee for this day. We thank Thee for our colleagues here in the 
Senate, our staff. We thank Thee this morning that it is Thy Will for us to be tending to the 
State's business here this morning. Be with us as we conduct this business that we may be 
fair and that we may do the business of the State and keeping in mind that we are working 
for all the people of North Carolina. 

"Now we ask Thy Blessings on the Senate this morning. In Christ's Name we pray. 
Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence to Senators Kincaid, Soles, McDuffie, Rauch, 
and Johnson of Cabarrus for today. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES ,, ? 

The following special message is received from the House of Representatives: 

S. B. 726 (Committee Substitute), a bill to abolish certain executive branch boards and 
to consoUdate the functions of other boards, for concurrence in the House Committee 
Substitute bill, which changes the title, upon concurrence, to read, S. B. 726 (House 



June 28, 1986 



1986] SENATE JOURNAL 143 

Committee Substitute), a bill to abolish certain executive branch boards and to con- 
solidate the functions of other boards and to create the Administrative Rules Review 
Commission. 
Referred to Judiciary I Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H. B. 1507, a bill to expand the membership of the Resources Development Commission 
for Brunswick County. 
Referred to Local Government and Regional Affairs Committee. 

H. B. 1658, a bill to raise the force account construction limit for water and sewer 
projects of Union County. 
Referred to Local Government and Regional Affairs Committee. 

H. B. 2095, a bill to amend the North Carolina Regional Reciprocal Banking Act. 
On motion of Senator Hardison, the rules are suspended, and the bill is placed on the 
Calendar for Monday, June 30. 

WITHDRAWAL FROM CALENDAR 

S. B. 926, a bill to eliminate the requirement that the City of Asheboro and Counties of 
Anson, Montgomery, Scotland, Stanly, Union, Gaston, Lincoln, Cleveland and Ruther- 
ford mail zoning notices, as amended. 

On motion of Senator Walker, the rules are suspended and the bill, as amended, is taken 
from the Calendar for Tuesday, July 1, and is placed on the Calendar for today, upon third 
reading. - ■. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

Senator Plyler moves that Rule 40 be suspended to allow the introduction of the 
following bill, which motion prevails by a two-thirds majority vote. 

By Senators Plyler, Rand, and Royall: 

S. B. 1292, a bill to extend certain provisions. 

On motion of Senator Plyler, the rules are suspended and the bill is placed before the 
Senate for immediate consideration. 

The bill passes its second (electronically recorded) and third readings and is ordered, 
without objection, sent to the House of Representatives by special messenger. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

The Chair declares the voting equipment inoperative for a portion of today's session. 



June 28, 1986 



144 SENATE JOURNAL [Second Session 

S. B. 918 (Committee Substitute), a bill to make changes in procedures for levy of the 
Statesville occupancy tax, and to provide for additional uses of the proceeds, upon third 
reading. 

The Committee Substitute bill passes its third reading by roll-call vote, ayes 41, noes 0, 
as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Cobb, Conder, Ezzell, Goldston, 
Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Wake, Kaplan, Martin of Pitt, Martin of Guilford, Marvin, McDowell, Plyler, Price, Rand, 
Redman, Royall, Sawyer, Shaw, Simpson, Smith, Speed, Staton, Swain, Taft, Tally, 
Thomas of Craven, Walker, Ward, Warren, Watt, WilUams, Winner, and Woodard — 41. 

Voting in the negative: None. 

The Committee Substitute bill is ordered sent to the House of Representatives. 

S. B. 945, a bill to authorize Nash County to levy a room occupancy and tourism 
development tax, as amended, upon third reading. 

The bill, as amended, passes its third reading by roll-call vote, ayes 41, noes 0, as 
follows: 

Voting in the affirmative: Senators Barnes, Basnight, Cobb, Conder, Ezzell, Goldston, 
Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Wake, Kaplan, Martin of Pitt, Martin of Guilford, Marvin, McDowell, Plyler, Price, Rand, 
Redman, Royall, Sawyer, Shaw, Simpson, Smith, Speed, Staton, Swain, Taft, Tally, 
Thomas of Craven, Walker, Ward, Warren, Watt, Williams, Winner, and Woodard — 41. 

Voting in the negative: None. 

The bill, as amended, is ordered engrossed and sent to the House of Representatives. 

H. B. 1483, a bill to revise the Charter of the City of Elizabeth City, change the form of 
government of the City of Elizabeth City and schedule nonpartisan municipal election, 
upon third reading. 

The bill passes its third reading by roll-call vote, ayes 41, noes 0, as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Cobb, Conder, Ezzell, Goldston, 
Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Wake, Kaplan, Martin of Pitt, Martin of Guilford, Marvin, McDowell, Plyler, Price, Rand, 
Redman, Royall, Sawyer, Shaw, Simpson, Smith, Speed, Staton, Swain, Taft, Tally, 
Thomas of Craven, Walker, Ward, Warren, Watt, WilHams, Winner, and Woodard — 41. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H. B. 1492, a bill to annex certain non-contiguous territory to the Town of Maiden, upon 
third reading. 

The bill passes its third reading by roll-call vote, ayes 41, noes 0, as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Cobb, Conder, Ezzell, Goldston, 
Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Wake, Kaplan, Martin of Pitt, Martin of Guilford, Marvin, McDowell, Plyler, Price, Rand, 
Redman, Royall, Sawyer, Shaw, Simpson, Smith, Speed, Staton, Swain, Taft, Tally, 
Thomas of Craven, Walker, Ward, Warren, Watt, Williams, Winner, and Woodard — 41. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H. B. 1525, a bill to allow Craven County and municipalities located therein to engage in 
economic development activities, upon third reading. 



June 28, 1986 



1986] SENATE JOURNAL 145 

The bill passes its third reading by roll-call vote, ayes 41, noes 0, as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Cobb, Conder, Ezzell, Goldston, 
Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Wake, Kaplan, Martin of Pitt, Martin of Guilford, Marvin, McDowell, Plyler, Price, Rand, 
Redman, Royall, Sawyer, Shaw, Simpson, Smith, Speed, Staton, Swain, Taft, Tally, 
Thomas-of Craven, Walker, Ward, Warren, Watt, Williams, Winner, and Woodard — 41. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H. B. 1561, a bill to ratify certain actions of the Town of Weddington and the City of 
Charlotte, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 41, noes 0, as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Cobb, Conder, Ezzell, Goldston, 
Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Wake, Kaplan, Martin of Pitt, Martin of Guilford, Marvin, McDowell, Plyler, Price, Rand, 
Redman, Royall, Sawyer, Shaw, Simpson, Smith, Speed, Staton, Swain, Taft, Tally, 
Thomas of Craven, Walker, Ward, Warren, Watt, WilHams, Winner, and Woodard — 41. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H. B. 1576, a bill to allow Gaston County and municipalities located therein to engage in 
economic development activities, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 41, noes 0, as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Cobb, Conder, Ezzell, Goldston, 
Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Wake, Kaplan, Martin of Pitt, Martin of Guilford, Marvin, McDowell, Plyler, Price, Rand, 
Redman, Royall, Sawyer, Shaw, Simpson, Smith, Speed, Staton, Swain, Taft, Tally, 
Thomas of Craven, Walker, Ward, Warren, Watt, WilUams, Winner, and Woodard — 41. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H. B. 1579, a bill to create the Elizabethtown Airport and Economic Development 
Commission, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 41, noes 0, as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Cobb, Conder, Ezzell, Goldston, 
Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Wake, Kaplan, Martin of Pitt, Martin of Guilford, Marvin, McDowell, Plyler, Price, Rand, 
Redman, Royall, Sawyer, Shaw, Simpson, Smith, Speed, Staton, Swain, Taft, Tally, 
Thomas of Craven, Walker, Ward, Warren, Watt, Williams, Winner, and Woodard — 41. 

Voting in the negative: None. 

The bill is ordered enrolled. 

S. B. 896, a bill to allow the levy of a room occupancy and tourism development tax in the 
Cities of Conover, Goldsboro, Henderson ville, and Hickory, Goldsboro, as amended, upon 
second reading. 

The bill, as amended, passes its second reading by roll-call vote, ayes 39, noes 0, as 
follows: 

Voting in the affirmative: Senators Barnes, Basnight, Conder, Ezzell, Goldston, Guy, 
Hardison, Harrington, Hipps, Hunt of Durham, Hunt of Moore, Johnson of Wake, 
Kaplan, Martin of Pitt, Martin of Guilford, Marvin, McDowell, Plyler, Price, Rand, 
Redman, Royall, Sawyer, Shaw, Simpson, Smith, Speed, Staton, Swain, Taft, Tally, 



June 28, 1986 



146 SENATE JOURNAL [Second Session 

Thomas of Craven, Walker, Ward, Warren, Watt, Williams, Winner, and Woodard — 39. 

Voting in the negative: None. 

The bill, as amended, remains on the Calendar for further consideration upon third 
reading. 

S. B. 948, a bill authorizing several of the western counties and Durham County to levy 
a room occupancy and tourism development tax, as amended, upon second reading. 

The bill, as amended, passes its second reading by roll-call vote, ayes 39, noes 0, as 
follows: 

Voting in the affirmative: Senators Barnes, Basnight, Conder, Ezzell, Goldston, Guy, 
Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of Wake, 
Kaplan, Martin of Pitt, Martin of Guilford, Marvin, McDowell, Plyler, Price, Rand, 
Redman, Royall, Sawyer, Shaw, Simpson, Smith, Speed, Staton, Swain, Taft, Tally, 
Thomas of Craven, Walker, Ward, Warren, Watt, Williams, Winner, and Woodard — 39. 

Voting in the negative: None. 

The bill, as amended, remains on the Calendar for further consideration upon third 
reading. 

H. B. 672, a bill to allow Onslow County to levy a room occupancy and tourism 
development tax, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 39, noes 0, as follows: ' 

Voting in the affirmative: Senators Barnes, Basnight, Conder, Ezzell, Goldston, Guy, 
Hardison, Harrington, Hipps, Hunt of Durham, Hunt of Moore, Johnson of Wake, 
Kaplan, Martin of Pitt, Martin of Guilford, Marvin, McDowell, Plyler, Price, Rand, 
Redman, Royall, Sawyer, Shaw, Simpson, Smith, Speed, Staton, Swain, Taft, Tally, 
Thomas of Craven, Walker, Ward, Warren, Watt, Williams, Winner, and Woodard — 39. 

Voting in the negative: None. 

The bill remains on the Calendar for further consideration upon third reading. 

H. B. 1597, a bill to extend the boundaries of the Buck Shoals Fire Protection District in 
Wilkes and Yadkin Counties, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 39, noes 0, as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Conder, Ezzell, Goldston, Guy, 
Hardison, Harrington, Hipps, Hunt of Durham, Hunt of Moore, Johnson of Wake, 
Kaplan, Martin of Pitt, Martin of Guilford, Marvin, McDowell, Plyler, Price, Rand, 
Redman, Royall, Sawyer, Shaw, Simpson, Smith, Speed, Staton, Swain, Taft, Tally, 
Thomas of Craven, Walker, Ward, Warren, Watt, Wilhams, Winner, and Woodard — 39. 

Voting in the negative: None. 

The bill remains on the Calendar for further consideration upon third reading. 

S. B. 926, a bill to ehminate the requirement that the City of Asheboro and Counties of 
Anson, Montgomery, Scotland, Stanly, Union, Gaston, Lincoln, Cleveland and Ruther- 
ford mail zoning notices, as amended, upon third reading. 

The bill, as amended, passes its third reading (electronically recorded) and is ordered 
engrossed and sent to the House of Representatives. 

S. B. 879 (Committee Substitute), a bill to make substantive changes in laws regarding 
insurance taxes and fees as recommended by the Insurance Regulation Study Commis- 
sion, as amended, upon third reading. 

The Committee Substitute bill, as amended, passes its third reading by roll-call vote, 
ayes 39, noes 0, as follows: 



June 28, 1986 



1986] SENATE JOURNAL 147 

Voting in the affirmative: Senators Barnes, Basnight, Conder, Ezzell, Goldston, Guy, 
Hardison, Harrington, Hipps, Hunt of Durham, Hunt of Moore, Johnson of Wake, 
Kaplan, Martin of Pitt, Martin of Guilford, Marvin, McDowell, Plyler, Price, Rand, 
Redman, Royall, Sawyer, Shaw, Simpson, Smith, Speed, Staton, Swain, Taft, Tally, 
Thomas of Craven, Walker, Ward, Warren, Watt, Williams, Winner, and Woodard — 39. 

Voting in the negative: None. 

The Committee Substitute bill, as amended, is ordered engrossed and sent to the House 
of Representatives. 

H. B. 1573, a bill to amend the law relating to the probation supervision fee, upon 
second reading. 

The bill passes its second reading by roll-call vote, ayes 39, noes 2, as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Cobb, Conder, Ezzell, Goldston, 
Guy, Hardison, Harrington, Harris, Hipps, Hunt of Moore, Johnson of Wake, Kaplan, 
Martin of Pitt, Martin of Guilford, Marvin, McDowell, Plyler, Price, Rand, Redman, 
Royall, Sawyer, Shaw, Simpson, Smith, Speed, Staton, Swain, Taft, Tally, Thomas of 
Craven, Walker, Ward, Warren, Williams, Winner, and Woodard — 39, 

Voting in the negative: Senators Hunt of Durham and Watt — 2. 

The bill remains on the Calendar for further consideration upon third reading. 

S. B. 1273, a bill to provide that when a motor vehicle is transferred incident to 
organization of a partnership or corporation, and no gain or loss would be recognized for 
income tax purposes on such transfer, no sales tax is due on such transfer. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S. J. R. 1287, a joint resolution authorizing the 1985 General Assembly, 1986 Session, 
to consider a joint resolution repudiating the claim that the Wright Brothers did not make 
the first flight and expressing North Carolina's pride in the historic achievements of the 
Wright Brothers. 

The joint resolution passes its second (electronically recorded) and third readings and is 
ordered sent to the House of Representatives. 

H. J. R. 1635, a joint resolution authorizing the 1985 General Assembly, 1986 Session, 
to consider "a bill to be entitled an act to require requests for consent to anatomical gifts." 

The joint resolution passes its second (electronically recorded) and third readings and is 
ordered enrolled. 

H. J. R. 1845, a joint resolution authorizing the 1985 General Assembly, 1986 Session, 
to consider a bill to be entitled an act to repeal Chapter 461 of the 1985 Session Laws 
concerning the Venus Fly Trap plant. 

The joint resolution passes its second (electronically recorded) and third readings and is 
ordered enrolled. 

H. J. R. 2041, a joint resolution authorizing the 1985 General Assembly, 1986 Session, 
to consider a joint resolution honoring the life and memory of George M. Wood. 

The joint resolution passes its second (electronically recorded) and third readings and is 
ordered enrolled. 

S. B. 859 (Committee Substitute), a bill to establish the North Carolina Childhood 
Vaccine-Related Injury Compensation Program, as amended, upon third reading. 
Senator Staton offers Amendment No. 5 which is adopted (electronically recorded). 



June 28, 1986 



148 SENATE JOURNAL [Second Session 

Senator Watt offers Amendments No. 6 and No. 7, which are adopted (electronically 
recorded). 

Senator Winner offers a motion that the Committee Substitute bill, as amended, be 
removed from today's Calendar and re-referred to the Judiciary II Committee, which 
motion he subsequently withdraws. 

Senator Sawyer offers Amendment No. 8, Senator Harris, seconded by Senator Royall, 
offers a motion that Amendment No. 8 do lie upon the table, which motion prevails 
(electronically recorded). Amendment No, 8 lies upon the table. 

Senator Sawyer offers Amendment No. 9. Senator Harris, seconded by Senator Hardi- 
son, offers a motion that Amendment No. 9 do lie upon the table, which motion prevails 
(electronically recorded). Amendment No. 9 lies upon the table. 

Senator Watt offers Amendment No. 10 which is adopted (electronically recorded). 

Senator Sawyer offers Amendment No. 11. Senator Royall, seconded by Senator 
Harris, offers a motion that Amendment No. 11 do He upon the table, which motion 
prevails (electronically recorded). Amendment No. 11 lies upon the table. 

Senator Taft offers Amendment No. 12 which is adopted (electronically recorded). 

Senator Simpson offers Amendment No. 13. Senator Harris, seconded by Senator 
Hardison, offers a motion that Amendment No. 13 do lie upon the table, which motion 
prevails (electronically recorded). Amendment No. 13 Ues upon the table. 

Senator Staton calls the previous question, seconded by Senator Hardison. The call is 
sustained (electronically recorded). 

Senator Swain moves that the vote by which the Committee Substitute bill, as 
amended, passed its third reading be reconsidered, which motion prevails (electronically 
recorded). 

Senator Swain offers Amendment No. 14. 

Senator Warren rises to a point of parliamentary inquiry concerning a motion for the 
previous question and to ask the status of that motion. 

The Chair rules that the motion of Senator Swain to reconsider third reading is in order 
and the question reverts to third reading. 

Amendment No. 14 is adopted (electronically recorded). 

Senator Staton calls the previous question, duly seconded. The call is sustained. 

The Committee Substitute bill, as amended, passes its third reading (electronically 
recorded) and is ordered engrossed and sent to the House of Representatives. 

H. B. 1509, a bill to make technical amendments to the Statutes creating infractions, 
upon third reading, with Amendment No. 1 pending. 

Pending Amendment No. 1 offered by Senator Rand is adopted (electronically re- 
corded). 

The bill, as amended, passes its third reading (electronically recorded) and is ordered 
sent to the House of Representatives for concurrence in Senate Amendment No. 1. 

On motion of Senator Harrington, seconded by Senator Walker, the Senate adjourns to 
meet Monday, June 30, at 8:00 P.M. 



ONE HUNDRED THIRTY-SEVENTH DAY 

Senate Chamber, 
Monday, June 30, 1986. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 



June 30, 1986 



1986] SENATE JOURNAL 149 

Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by Sam D. McMillan III, Associate Minister, First United Methodist 
Church, Roanoke Rapids, as follows: 

"Eternal and Loving God, as we seek Thy guidance and direction in our duties and 
responsibilities in this place, we pray that our petitions might be heard. 

"For these persons who represent Your people we give Thee thanks, God, and in 
these moments we ask a special prayer of blessing for them. Grant them strength for the 
tiring duties which they undertake. Grant them patience during periods of lengthy 
deliberation. Grant them a desire to spend quality time with their families and loved ones 
when they are away from their duties here. Grant them renewed and refreshed spirits as 
they begin this week of business and legislation in the Senate Chamber. Grant them 
wisdom to deal sensitively with each other and the trying issues that remain before them 
this night and in this session. 

"Because of the nature of their elected office, God, grant these Senators vision. We 
know that when vision is absent there occurs a poverty of hope. We know that when vision 
is distorted there occurs a privation of promise. Grant each of these Senators, therefore, 
Merciful and Gracious God, clear vision so that they might focus their energies on the 
matters most important to the children, youth, and adults of North Carolina. 

"We lift up these prayers to Thee, Creator God, and at the same time offer to Thee the 
honor and praise that is rightfully Thine. As we close this prayer, we ask that Thy 
Presence might be felt among us as we seek to be servants of Thine and of the people of 
this State. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of Saturday, June 28, has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

The President grants a leave of absence to Senator Johnson of Cabarrus for tonight. 

The President appoints Senators Cobb, Redman, Harrington, and Taft as a delegation 
representing the Senate of the North Carolina General Assembly at the funeral of United 
States Senator John P. East, which is announced to be held Tuesday, July 1, and indicates 
the President of the Senate will be in attendance. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H. B. 1428, an act to allow the Graham County Industrial Development Authority and 
Graham County to convey the golf course property at private sale, and to validate a 
mortgage. (Ch. 824) 

H. B. 1446, an act providing that a multistate corporation that receives an income tax 
credit for property taxes paid to a governmental unit in this State must add the total 
amount of the credit to its State taxable income and may not apply an apportionment 
factor to the credit. (Ch. 825) 



June 30, 1986 



150 SENATE JOURNAL [Second Session 

H. B. 1452, an act making technical amendments to the revenue laws. (Ch. 826) 

H. B. 1465, an act to allow Randolph County to establish voting precincts without 
regard to township boundaries. (Ch. 827) 

H. B. 1469, an act to authorize the Town of Highlands to adopt and enact ordinances 
regulating the removal, replacement, and preservation of trees within the Town of 
Highlands. (Ch. 828) 

H. B. 1470 (Committee Substitute), an act to permit the City of Burlington to convey at 
private sale to The Gallery Players, Incorporated, the Paramount Theatre and certain 
adjacent properties. (Ch 829) 

H. B. 1481, an act to allow Davie County ordinances regulating waste disposal to apply 
countywide, and to authorize Davie County to enter into long term contracts for disposal 
of solid waste. (Ch. 830) 

H. B. 1520, an act to validate local improvement assessments heretofore levied and 
assessed by the Town Council of the Town of Tarboro. (Ch. 831) 

H. B. 1522, an act to provide for four-year terms for the Mayor and Board of Com- 
missioners of the Town of Falkland. (Ch. 832) 

H. B. 1545, an act to permit the employment of unUcensed shampooers in Randolph 
County. (Ch. 833) 

H. B. 1554, an act to raise the compensation of the Buncombe County Board of 
Education. (Ch. 834) -.:-«'.; v 

H. B. 1558, an act to provide for the appointment of Trustees for Albemarle Hospital in 
Pasquotank County. (Ch. 835) 

H. B. 1575, an act to extend the law enforcement jurisdiction of city law enforcement 
officers assigned to the Gaston County Drug Enforcement Unit. (Ch. 836) 

H. B. 1581, an act to make revisions in the Charter of the City of Kinston. (Ch. 837) 

H. B. 1582, an act to change the Charter of the Simmons-Nott Airport Authority so as 
to remove the City of New Bern from responsibility under that Act. (Ch. 838) 

H. B. 1590, an act to authorize Catawba County and municipaUties located therein to 
regulate abandoned and junked vechicles for aesthetic purposes. (Ch. 839) 

H. B. 1615, an act to regulate hunting from roads in Brunswick County. (Ch. 840) 

S. B. 438 (House Committee Substitute), an act to impose minimum terms of imprison- 
ment and community service for convictions of conceaHng merchandise or switching price 
tags. (Ch. 841) 

S. B. 485 (House Committee Substitute), an act to provide that a recorded instrument 
that corrects an obvious minor error made in the instrument as originally recorded is vahd 
if the correction in the new instrument is initialed and an explanation statement is signed 
by the parties to the instrument or the attorney who drafted the instrument. (Ch. 842) 

S. B. 634 (Committee Substitute), an act to permit grand juries to investigate drug 
trafficking, to increase the maximum term of imprisonment for criminal contempt for 



June 30, 1986 



1986] SENATE JOURNAL 151 

refusing to testify after being granted immunity, and to limit the scope of immunity 
granted witnesses to use immunity. (Ch. 843) 

H. B. 1483, an act to revise the Charter of the City of Ehzabeth City, change the form of 
government of the City of Elizabeth City and schedule nonpartisan municipal election. 
(Ch. 844) 

H. B. 1492, an act to annex certain non-contiguous territory to the Town of Maiden. 
(Ch. 845) 

H. B. 1525, an act to allow Craven County and municipalities located therein to engage 
in economic development activities. (Ch. 846) 

H. B. 1561, an act to ratify certain actions of the Town of Weddington and the City of 
Charlotte. (Ch. 847) 

H. B. 1576, an act to allow Gaston County and municipalities located therein to engage 
in economic development activities. (Ch. 848) 

H. B. 1579, an act to create the Elizabethtown Airport and Economic Development 
Commission. (Ch, 849) 

H. B. 606 (Senate Committee Substitute), an act to authorize Wake County and the 
City of Raleigh to levy occupancy taxes. (Ch. 850) 

H. J. R. 1635, a joint resolution authorizing the 1985 General Assembly, 1986 Session, 
to consider "a bill to be entitled an act to require requests for consent to anatomical gifts." 
(Res. 43) 

H. J. R. 1845, a joint resolution authorizing the 1985 General Assembly, 1986 Session, 
to consider a bill to be entitled an act to repeal Chapter 461 of the 1985 Session Laws 
concerning the Venus Fly Trap plant. (Res. 44) 

H. J. R. 2041, a joint resolution authorizing the 1985 General Assembly, 1986 Session, 
to consider a joint resolution honoring the life and memory of George M. Wood. (Res. 45) 

S. J. R. 992, a joint resolution authorizing the 1985 General Assembly, 1986 Session, to 
consider a bill to be entitled an act to make technical and conforming amendments to the 
Administrative Procedure Act. (Res. 46) 

S. B. 1292, an act to extend certain provisions. (Ch. 851) 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Harrington for the Rules and Operation of the Senate Committee: 

H. J. R. 2115, a joint resolution authorizing the 1985 General Assembly, 1986 Session, 
to consider a bill to be entitled an act to authorize certain housing authorities to provide 
housing for moderate income persons, with a favorable report. 

By Senator Tally for the Natural and Economic Resources and Wildlife Committee: 



June 30, 1986 



152 SENATE JOURNAL [Second Session 

H. B. 1496, a bill to prohibit hunting from roads and to regulate hunting on private lands 
in Perquimans County, with a favorable report. 

H. B. 1616, a bill to regulate hunting in Chowan County, with a favorable report. 

H. B. 1655, a bill to prohibit taking deer with dogs in part of Richmond County, with a 
favorable report. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H. B. 1475, a bill to allow the City of Gastonia to enact local fair housing ordinances. 
Referred to Finance Committee. 

H. B. 1606, a bill to allow the County of Durham to participate in urban development 
projects. 
Referred to Finance Committee. 

H. B. 1617, a bill authorizing Wayne County to extend the boundaries of a rural fire 
protection district. 
Referred to Finance Committee. 

H. B. 1753, a bill to further provide for the separation of powers. 
Referred to Judiciary IV Committee. 

H. B. 1653, a bill authorizing Buncombe and Haywood Counties to levy an additional 
one percent room occupancy and tourism development tax. 
Referred to Finance Committee. 

H. J. R. 2118, a joint resolution authorizing the 1985 General Assembly, 1986 Session, 
to consider a joint resolution honoring the life and memory of John P. East. 

On motion of Senator Redman, the rules are suspended, and the joint resolution is 
placed before the Senate for immediate consideration. 

The joint resolution passes its second (electronically recorded) and third readings and is 
ordered enrolled. 

H. B. 1645 (Committee Substitute), a bill to permit the Town of Holly Springs to acquire 
property by the modified quick-take procedure of Chapter 40A of the General Statutes. 
Referred to Finance Committee. 

H. B. 1677 (Committee Substitute), a bill to revise the Charter of the City of Clinton and 
establish the Clinton-Sampson Agri-Civic Center Commission. 
Referred to Local Government and Regional Affairs Committee. 

H. B. 1691, a bill to amend Article 1 of Chapter 118 of the General Statutes of North 
Carolina relating to the Firemen's Relief Fund of the City of Kinston. 
Referred to Pensions and Retirement Committee. 

RECONSIDERATION 

H. B. 1509, a bill to make technical amendments to the Statutes creating infractions. 
The Chair rescinds the order of Saturday, June 30, to send the bill, as amended, to the 
House of Representatives by special messenger. 



June 30, 1986 



1986] SENATE JOURNAL 153 

Senator Rand moves that the vote by which the bill, as amended, passed its third 
reading be reconsidered, which motion prevails. 

Senator Rand moves that the vote by which Amendment No. 1 was adopted, be 
reconsidered, which motion prevails. 

Without objection. Senator Rand withdraws Amendment No. 1. 

The bill passes its third reading and is ordered enrolled. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Rauch for the Finance Committee: 

H. B. 1584, a bill to authorize Chowan County to levy an excise tax on instruments 
conveying real property in Chowan County, with a favorable report. 

H. B. 1646, a bill to authorize McDowell County to levy a room occupancy and tourism 
development tax, with a favorable report. 

S. B. 906, a bill providing that retail food establishments are not manufacturers for sales 
tax purposes, with a favorable report, as amended. 

H. B. 1542, a bill to authorize counties to levy additional one-half percent local sales and 
use taxes, with a favorable report, as amended. 

On motion of Senator Rauch, the rules are suspended and the bill is placed before the 
Senate for immediate consideration, and on his further motion Committee Amendment 
No. 1 is adopted. 

On motion of Senator Rauch, the bill, as amended, is placed on the Calendar for 
Tuesday, July 1. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H. B. 2101, a bill to authorize the construction and the financing, without appropria- 
tions from the General Fund, of certain capital improvements projects of the constituent 
institutions of the University of North Carolina. 

On motion of Senator Rand, the rules are suspended, and the bill is placed on the 
Calendar for Tuesday, July 1. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 
SPECIAL ORDER NO. 1 

H. B. 1511 

(Senate Committee Substitute) 

The hour having arrived for the consideration of Special Order of Business No. 1 the 
President of the Senate lays before the Senate Special Order No. 1, it being H. B. 1511 
(Senate Committee Substitute), a bill to revise the rating and classification plans and the 



June 30, 1986 



154 SENATE JOURNAL [Second Session 

ratemaking procedure for nonfleet private passenger motor vehicle insurance; to make 
revisions and improvements in the regulation of commercial property and liability in- 
surance rates; to require reports from insurers and to authorize the Insurance Com- 
missioner to modify rates if statutory changes in civil law affect insurers' experience; to 
make changes in certain insurance market practices for the benefit of consumers; and to 
implement certain recommendations of the Liability and Property Insurance Markets 
Study Commission. 

Senator Sawyer offers Amendment No. 1. Senator Johnson of Wake, seconded by 
Senator Hardison, offers a motion that Amendment No. 1 do lie upon the table, which 
motion prevails. Amendment No. 1 lies upon the table (electronically recorded). 

Senator Sawyer offers Amendment No. 2. Senator Johnson of Wake, seconded by 
Senator Royall, offers a motion that Amendment No. 2 do he upon the table, which motion 
prevails. Amendment No. 2 hes upon the table (electronically recorded). 

Senator Shaw offers Amendment No. 3, which fails of adoption. .. ^, ,, 

Senator Rauch offers Amendment No. 4, which fails of adoption. 

Senator Johnson of Wake calls the previous question, seconded by Senator Royall. The 
call is sustained. The Senate Committee Substitute bill passes its second reading (elec- 
tronically recorded). 

Senator Watt objects to third reading of the Senate Committee Substitute bill. 

Senator Royall, duly seconded, offers a motion to suspend the rules to the end that the 
Senate Committee Substitute bill may be considered upon third reading, which motion 
prevails (electronically recorded). 

Senator Simpson offers Amendment No. 5, which fails of adoption (electronically 
recorded). 

Senator Johnson of Wake calls the previous question, seconded by Senator Royall. The 
call is sustained. The Senate Committee Substitute bill passes its third reading (electroni- 
cally recorded) and is ordered sent to the House of Representatives for concurrence in the 
Senate Committee Substitute bill, without objection, by special messenger. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H. B. 1509, an act to make technical amendments to the Statutes creating infractions. 
(Ch. 852) 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

S. B. 923, a bill to claify the authority of Richmond County to undertake economic 
development activities, for concurrence in House Amendment No. 1, changing the title to 
read, upon concurrence, S. B. 923, a bill to clarify the authority of Richmond County and 
the municipalities located therein to undertake economic development activities. The 
Chair rules the Amendment material, and the bill is placed on the Calendar for tomorrow, 
Tuesday, July 1, upon second reading. 

H. B. 1594 (Committee Substitute), a bill to annex certain lands owned by the City of 
Rockingham to that City. 
Referred to Local Government and Regional Affairs Committee. jxk s i - J 



June 30, 1986 



1986] SENATE JOURNAL 155 

H. B. 2019, a bill to amend Chapter 661 of the 1985 Session Laws to provide changes 
only with respect to projects wholly self-liquidating. 

'On motion of Senator Rand, the rules are suspended, and the bill is placed on the 
Calendar for Tuesday, July 1. 

H. B. 2114, a bill clarifying the inventory tax credits and reductions enacted by the Tax 
Reduction Act of 1985. 
Referred to Finance Committee. 

H. B. 2119, a bill to repeal Chapter 461 of the 1985 Session Laws concerning the Venus 
Fly Trap plant. 

On motion of Senator Williams, the rules are suspended, and the bill is placed before the 
Senate for immediate consideration. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

CALENDAR (Continued) 

S. B. 896, a bill to allow the levy of a room occupancy and tourism development tax in the 
cities of Conover, Goldsboro, Hendersonville, and Hickory, Goldsboro, as amended, upon 
third reading. 

The bill, as amended, passes its third reading by roll-call vote, ayes 46, noes 0, as 
follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Cobb, Conder, Ezzell, 
Goldston, Guy, Hardison, Harrington, Hipps, Hunt of Durham, Hunt of Moore, Johnson 
of Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDowell, McDuf- 
fie, Parnell, Plyler, Price, Rand, Rauch, Redman, Royall, Sawyer, Shaw, Simpson, 
Smith, Soles, Speed, Staton, Taft, Tally, Thomas of Craven, Thomas of Henderson, 
Walker, Ward, Warren, Watt, WilUams, Winner, and Woodard — 46. 

Voting in the negative: None. 

The bill, as amended, is ordered engrossed and sent to the House of Representatives. 

S. B. 948, a bill authorizing several of the western counties and Durham County to levy 
a room occupancy and tourism development tax, as amended, upon third reading. 

The bill, as amended, passes its third reading by roll-call vote, ayes 46, noes 0, as 
follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Cobb, Conder, Ezzell, 
Goldston, Guy, Hardison, Harrington, Hipps, Hunt of Durham, Hunt of Moore, Johnson 
of Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDowell, McDuf- 
fie, Parnell, Plyler, Price, Rand, Rauch, Redman, Royall, Sawyer, Shaw, Simpson, 
Smith, Soles, Speed, Staton, Taft, Tally, Thomas of Craven, Thomas of Henderson, 
Walker, Ward, Warren, Watt, Williams, Winner, and Woodard — 46. 

Voting in the negative: None. 

The bill, as amended, is ordered engrossed and sent to the House of Representatives. 

H. B. 672, a bill to allow Onslow County to levy a room occupancy and tourism 

development tax, upon third reading. 
The bill passes its third reading by roll-call vote, ayes 46, noes 0, as follows: 
Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Cobb, Conder, Ezzell, 

Goldston, Guy, Hardison, Harrington, Hipps, Hunt of Durham, Hunt of Moore, Johnson 



June 30, 1986 



156 SENATE JOURNAL [Second Session 

of Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDowell, McDuf- 
fie, Parnell, Plyler, Price, Rand, Rauch, Redman, Royall, Sawyer, Shaw, Simpson, 
Smith, Soles, Speed, Staton, Taft, Tally, Thomas of Craven, Thomas of Henderson, 
Walker, Ward, Warren, Watt, Williams, Winner, and Woodard — 46. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H. B. 1597, a bill to extend the boundaries of the Buck Shoals Fire Protection District in 
Wilkes and Yadkin Counties, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 46, noes 0, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Cobb, Conder, Ezzell, 
Goldston, Guy, Hardison, Harrington, Hipps, Hunt of Durham, Hunt of Moore, Johnson 
of Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDowell, McDuf- 
fie, Parnell, Plyler, Price, Rand, Rauch, Redman, Royall, Sawyer, Shaw, Simpson, 
Smith, Soles, Speed, Staton, Taft, Tally, Thomas of Craven, Thomas of Henderson, 
Walker, Ward, Warren, Watt, Williams, Winner, and Woodard — 46. 

Voting in the negative: None. 

The bill is ordered enrolled. 

S. J. R. 953, a joint resolution honoring the life and memory of Sankey Wright 
Robinson, ordered held as filed for enabling legislation on June 12. 

Senator Soles offers a motion to the end that the joint resolution may be taken from filed 
status and placed before the Senate for immediate consideration, which motion prevails. 
Without objection. Senator Soles offers Amendment No. 1, which is adopted (electronical- 
ly recorded). 

Senator Soles offers a motion to the end that the joint resolution, as amended, be placed 
on the Calendar for Wednesday, July 2, for further consideration. Without objection, the 
Chair orders the joint resolution engrossed and placed on the Calendar for Wednesday, 
July 2. 

The Chair declares the Senate in recess for the purpose of committee meetings. 

AFTERNOON SESSION 

The Senate meets pursuant to recess and is called to order by the Honorable Robert B. 
Jordan III, Lieutenant Governor. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Plyler for the Appropriations Committee: 

H. B. 842, a bill to improve the administration of the property tax, with an unfavorable 
report as to bill, but favorable as to Senate Committee Substitute bill. 

On motion of Senator Plyler, the rules are suspended and the Senate Committee 
Substitute bill is placed before the Senate for immediate consideration. 

On motion of Senator Plyler, the Senate Committee Substitute bill is adopted, and on 
his further motion is placed on the Calendar for Tuesday, July 1. 



June 30, 1986 



1986] SENATE JOURNAL 157 

S. B. 761, a bill to appropriate funds to the Department of Administration for the 
Capital Planning Commission and three positions in the State Building Division, with an 
unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Plyler, the rules are suspended and the Committee Substitute bill 
which changes the title to read S. B. 761 (Committee Substitute), a bill to provide roads to 
the future — Part 2, is placed before the Senate for immediate consideration. 

On motion of Senator Plyler, the Committee Substitute bill is adopted, and on his 
further motion is placed on the Calendar for Tuesday, July 1. 

S. B. 882, a bill appropriating funds for a Legislative Research Commission study on 
regulation of low-level radioactive waste, with a favorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

Senator Harrington moves that Rule 40 be suspended to allow the introduction and 
referral to committee of the following bill, which motion prevails by a two-thirds majority 
vote. 

By Senator Harrington: 

S. B. 1294, a bill to appoint persons to various public offices upon the recommendation of 
the President of the Senate. 
Referred to Rules and Operation of the Senate Committee. 

CALENDAR (Continued) 

H. B. 1573, a bill to amend the law relating to the probation supervision fee, upon third 
reading. 

The bill passes its third reading by roll-call vote, ayes 42, noes 0, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Cobb, Conder, Ezzell, Goldston, 
Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt ofMoore, Johnson of Wake, 
Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDowell, McDuffie, Par- 
nell, Price, Rauch, Redman, Royall, Sawyer, Simpson, Smith, Soles, Speed, Swain, Taft, 
Tally, Thomas of Craven, Thomas of Henderson, Walker, Ward, Warren, Watt, Williams, 
Winner, and Woodard — 42. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H. B. 170 (Senate Committee Substitute), a bill to provide additional remedies for 
violations of the Open Meetings Law. 

The Senate Committee Substitute bill passes its second (electronically recorded) and 
third readings and is ordered sent to the House of Representatives for concurrence in the 
Senate Committee Substitute bill. 

H. B. 1007 (Senate Committee Substitute), a bill to modify the qualifications for a land 
surveyor applicant. 

The Senate Committee Substitute bill passes its second (electronically recorded) and 
third readings and is ordered sent to the House of Representatives for concurrence in the 
Senate Committee Substitute bill. 



June 30, 1986 



158 SENATE JOURNAL [Second Session 

H. B. 2095, a bill to amend the North Carolina Regional Reciprocal Banking Act. 
The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. • :..........:-. .......... ................... 

-.:.:•:■:■. REPORTS OF COMMITTEES ■• -J^^^'i' z^^- ^;^'n^--^w '*;-i- 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Barnes for the Judiciary I Committee: c. -■ '"; 4- ,; -^ 'd r i f!;^£'; 

S. B. 994, a bill to create the North Carolina Grape Growers Board, with a favorable 
report, as amended. 

RE-REFERRAL 

S. B. 1288, a bill to establish an Oregon Inlet Commission and to appropriate funds for 
that purpose. 

On motion of Senator Barnes, the rules are suspended and the bill is taken from the 
Appropriations Committee and re-referred to the Judiciary I Committee. 

The President recognizes the following pages serving in the Senate this week: Jason 
Tate Benson, Four Oaks; Mellanda Colson, Raleigh; Daniel Ray Cumbo, Clinton; Lori 
Susan Dean, Garner; Patrick Frank Elliott, Raleigh; Milton Heath Gilbert, Louisburg; 
Gina Elizabeth Griffm, Monroe; EHsabeth Jackson Harris, Fayetteville; Edward Catling 
Heckstall, Windsor; Amy Leigh Ingram, Statesville; Robert Alexander Jeffreys, Golds- 
boro; Brian Edward Johnson, Raleigh; Elisabeth Beale Joyner, Windsor; Jeannette 
Burwell Roger, Raleigh; Kimberly Michelle Martin, Tar Heel; Elizabeth Ashley 
McQueen, Jacksonville; Jaime Benjamin Presley, Gastonia; Dave Crosby Reeves, Flat 
Rock; Jeffrey Paul Reed, Cary; Benjamin Wayne Sharpe, Statesville; Lorraine Gilchrist 
Smoot, Wilson; Robert Jaylor Tally, Jr., Winston-Salem; Augustus Harrison Tulloss, 
Rocky Mount; Lee Davis Weddle, Wilmington; Susan Anne Woolard, Plymouth; John 
Edward Wooten, Murfreesboro. 

On motion of Senator Harrington, seconded by Senator Ballenger, the Senate adjourns 
in memory of Senator John P. East, United States Senator, to meet tomorrow, Tuesday, 
July 1, at 11:00 A.M. 



ONE HUNDRED THIRTY-EIGHTH DAY 

, ^ ,_ , Senate Chamber, -v,,!-, ■/: .' 

^ Tuesday, July 1, 1986. ,. V ^x^'-^'. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by Dr. Jack Causey, First Baptist Church, Statesville, as follows: 

"Eternal God, Who has created us free and Who art the only source of true freedom. 



July 1, 1986 



1986] . SENATE JOURNAL 159 

draw near to us as we celebrate our national heritage of life, liberty and the pursuit of 
happiness. 

"Giving thanks to Thee for our freedom fighters of the past, I pray that Thou wouldst 
grant these present leaders of government strength and wisdom as they protect our 
freedom in this day. Free them from their private prisons of worry, prejudice, loneliness, 
and selfishness. Free them to turn from the trivia to be bound by the majesty of integrity, 
compassion and justice. 

"May those of us who are the citizens and benefactors of this great State be slow to 
criticize this Chamber and quick to offer our support and prayers. 

"In the grief that we suffer over the loss of a leader of our State, may we be comforted by 
Your Presence and the assurance of life beyond death. 

"In the name of God the Father Who has created us and Who sustains us, we pray. 
Amen." .,:,,_ 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence to Senators Goldston, Redman, Johnson of 
Cabarrus and Martin of Pitt for today. 

The President extends courtesies of the gallery to The Honorable David Britt, former 
Speaker of the House of Representatives and former Justice of the Supreme Court of 
North Carolina. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Harrington for the Rules and Operation of the Senate Committee: 

H. B. 1544, a bill to allow members of the Juvenile Law Study Commission to serve until 
their successors are appointed, with a favorable report. 

By Senator Plyler for the Appropriations Committee: 

S. B. 65, a bill to change the effective date of the Hfe care center certificate of need 
modification law, with a favorable report. 

By Senator Staton for the Judiciary II Committee: 

H. B. 1460, a bll to require cities and counties to file copies of Home Rule Charter 
Amendments with the Secretary of State and the Legislative Library, with a favorable 
report, as amended. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 



July 1, 1986 



160 SENATE JOURNAL [Second Session 

By Senators Redman, Ballenger, Basnight, Cobb, Guy, Hardison, Harrington, Harris, 
Kincaid, Martin of Pitt, Speed, and Warren: 

S. J. R. 1293, a joint resolution authorizing the 1985 General Assembly, 1986 Session, to 
consider a joint resolution honoring the life and memory of John P. East. 
Referred to Rules and Operation of the Senate Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

H. B. 1584, a bill to authorize Chowan County to levy an excise tax on instruments 
conveying real property in Chowan County, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 35, noes 1, as follows: 

Voting in the affirmative: Senators Barnes, Cobb, Conder, Guy, Hardison, Harrington, 
Harris, Hipps, Hunt of Durham, Hunt of Moore, Kincaid, Martin of Guilford, Marvin, 
McDuffie, Parnell, Plyler, Price, Rand, Rauch, Royall, Simpson, Smith, Speed, Staton, 
Swain, Taft, Tally, Thomas of Craven, Thomas of Henderson, Ward, Warren, Watt, 
Williams, Winner, and Woodard — 35. 

Voting in the negative: Senator Sawyer — 1. 

The bill remains on the Calendar for further consideration upon third reading. 

H. B. 1646, a bill to authorize McDowell County to levy a room occupancy and tourism 
development tax, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 36, noes 0, as follows: 

Voting in the affirmative: Senators Barnes, Cobb, Conder, Guy, Hardison, Harrington, 
Harris, Hipps, Hunt of Durham, Hunt of Moore, Kincaid, Martin of Guilford, Marvin, 
McDuffie, Parnell, Plyler, Price, Rand, Rauch, Royall, Sawyer, Simpson, Smith, Speed, 
Staton, Swain, Taft, Tally, Thomas of Craven, Thomas of Henderson, Ward, Warren, 
Watt, Williams, Winner, and Woodard — 36. 

Voting in the negative: None. 

The bill remains on the Calendar for further consideration upon third reading. 

H. B. 1496, a bill to prohibit hunting from roads and to regulate hunting on private lands 
in Perquimans County. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 1616, a bill to regulate hunting in Chowan County. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 1655, a bill to prohibit taking deer with dogs in part of Richmond County. 
The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

S. B. 923, a bill to clarify the authority of Richmond County to undertake economic 
development activities, upon second reading, for concurrence in House Amendment 
No. 1. 

On motion of Senator Conder, the Senate concurs in House Amendment No. 1, upon 
second reading by roll-call vote, ayes 40, noes 0, as follows: 

Voting in the affirmative: Senators Barnes, Cobb, Conder, Guy, Hardison, Harrington, 



July 1, 1986 



1986] SENATE JOURNAL 161 

Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of Wake, Kincaid, Martin of 
Guilford, Marvin, McDuffie, Parnell, Plyler, Price, Rand, Rauch, Royall, Sawyer, Shaw, 
Simpson, Smith, Soles, Speed, Staton, Swain, Taft, Tally, Thomas of Craven, Thomas of 
Henderson, Walker, Ward, Warren, Watt, Williams, Winner, and Woodard — 40. 

Voting in the negative: None. 

The bill remains on the Calendar for concurrence, upon third reading. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Royall for the Ways and Means Committee: 

S. B. 460, a bill to classify property owned by a nonprofit residential retirement center 
and exclude this property from taxation, with a favorable report, as amended. 

S. B. 488, a bill to provide equitable sales tax treatment for livestock and poultry 
structures, with a favorable report, as amended. 

H. B. 883, a bill to expand the sales tax exemption for farm products to include all farm 
products sold by the producer of the products, regardless whether the producer is also a 
retail dealer, with a favorable report, as amended. 

By Senator Barnes for the Judiciary I Committee: 

S. B. 993, a bill to authorize an arbitration program in the Twenty-Sixth Judicial 
District, with a favorable report. 

S. B. 1288, a bill to estabUsh an Oregon Inlet Commission and to appropriate funds for 
that purpose, with a favorable report, as amended. 

WITHDRAWAL FROM COMMITTEE 

H. B. 1459, a bill to make the definition of a city the same under the city and county laws, 
and to conform to an attorney general's opinion as to the eligibility of cities incorporated 
before 1945 for Powell Bill allocations. 

On motion of Senator Staton the rules are suspended and the bill is taken from the 
Judiciary I Committee and re-referred to the Judiciary II Committee. 

CALENDAR (Continued) 

S. B. 906, a bill providing that retail food establishments are not manufacturers for sales 
tax purposes, upon second reading. 

On motion of Senator Guy, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second reading by roll-call vote, ayes 41, noes 0, as 
follows: 

Voting in the affirmative: Senators Barnes, Conder, Ezzell, Guy, Hardison, Harring- 
ton, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of Wake, Kaplan, Kincaid, 
Martin of Guilford, Marvin, McDowell, Parnell, Plyler, Price, Rand, Rauch, Royall, 
Sawyer, Shaw, Smith, Soles, Somers, Speed, Staton, Swain, Taft, Tally, Thomas of 
Craven, Thomas of Henderson, Walker, Ward, Warren, Watt, Williams, Winner, and 
Woodard — 41. 



July 1, 1986 



162 SENATE JOURNAL [Second Session 

Voting in the negative: None. 

The bill, as amended, remains on the Calendar for further consideration upon third 
reading. 

H. B. 2019, a bill to amend Chapter 661 of the 1985 Session Laws to provide changes 
only with respect to projects wholly self-liquidating, upon second reading. 

Senator Rand offers Amendment No. 1, held to be material, which is adopted (electroni- 
cally recorded), constituting the first reading. 

The bill, as amended, remains on the Calendar for further consideration upon second 
reading. 

H. B. 2101, a bill to authorize the construction and the financing, without appropria- 
tions from the General Fund, of certain capital improvements projects of the constituent 
institutions of the University of North Carolina, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 41, noes 0, as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Conder, Ezzell, Guy, Hardison, 
Harris, Hipps, Hunt of Durham, Hunt of Moore, Kaplan, Martin of Guilford, Marvin, 
McDowell, McDuffie, Parnell, Plyler, Price, Rand, Rauch, Royall, Sawyer, Shaw, 
Simpson, Smith, Soles, Somers, Speed, Staton, Swain, Taft, Tally, Thomas of Craven, 
Thomas of Henderson, Walker, Ward, Warren, Watt, Wilhams, Winner, and Wood- 
ard — 41. 

Voting in the negative: None. 

The bill remains on the Calendar for further consideration upon third reading. 

S. B. 761 (Committee Substitute), a bill to provide roads to the future — Part 2. 

On motion of Senator Plyler, courtesies of the floor are extended to Larry Goods from 
the Department of Transportation for assistance with the explanation of the Committee 
Substitute bill. 

The Committee Substitute bill passes its second reading (electronically recorded). 

Senator Thomas of Henderson objects to the third reading of the Committee Substitute 
bill. Senator Plyler offers a motion to suspend the rules to the end that the Committee 
Substitute bill remain before the Senate for consideration upon third reading, which 
motion fails to prevail for lack of a two-thirds majority vote (electronically recorded). The 
Chair orders the Committee Substitute bill placed upon the Calendar for tomorrow, 
July 2, upon third reading. 

Senator Thomas of Henderson subsequently withdraws his objection to the third 
reading. Without objection, the Committee Substitute bill is withdrawn from the Calen- 
dar for July 1 and placed before the Senate upon third reading. The Committee Substitute 
bill passes its third reading (electronically recorded) and is ordered sent to the House of 
Representatives. 

S. B. 882, a bill appropriating funds for a Legislative Research Commission study on 
regulation of low-level radioactive waste. 

The bill passes its second (electronically recorded) and third readings and is ordered, 
without objection, sent to the House of Representatives by special messenger. 

S. B. 994, a bill to create the North Carohna Grape Growers Board. 
On motion of Senator Barnes, Committee Amendment No. 1 is adopted. 
The bill, as amended, passes its second (electronically recorded) and third readings and 
is ordered engrossed and sent to the House of Representatives. 



July 1, 1986 



1986] ' - SENATE JOURNAL 163 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S. B. 904, an act to update the reference to the Internal Revenue Code used in 
determining certain taxable income and tax exemptions. (Ch. 853) 

S. B. 905, an act to increase the minimum corporate franchise tax to an amount that 
covers the cost of processing franchise tax returns. (Ch. 854) 

S. B. 936, an act to provide that when a trust under a will is administered, no costs are 
assessed on personalty received if the estate of a decedent had already paid costs on the 
personalty. (Ch. 855) ^- . 

S. B. 626 (Committee Substitute), an act to appoint persons to various public offices 
upon the recommendation of the President Pro Tempore of the Senate. (Ch. 856) 

H. B. 672, an act to allow Onslow County to levy a room occupancy and tourism 
development tax. (Ch. 857) 

H. B. 1444, an act to clarify the authority of HaHfax County and the municipalities 
located therein to undertake economic development activities. (Ch. 858) 

H. B. 1573, an act to amend the law relating to the probation supervision fee. (Ch. 859) 

H. B. 1597, an act to extend the boundaries of the Buck Shoals Fire Protection District 
in Wilkes and Yadkin Counties. (Ch. 860) 

H. B. 1640, an act to revise and consolidate the Charter of the City of Concord and to 
repeal prior local acts. (Ch. 861) 

H. B. 2095, an act to amend the North Carolina Regional Reciprocal Banking Act. 
(Ch. 862) 

S. B. 855, an act to make technical corrections to the Mental Health, Mental Retarda- 
tion, and Substance Abuse Act of 1985, and conforming changes to the General Statutes. 
(Ch. 863) 

H. B. 2119, an act to repeal Chapter 461 of the 1985 Session Laws concerning the Venus 
Fly Trap plant. (Ch. 864) 

H. J. R. 2118, a joint resolution authorizing the 1985 General Assembly, 1986 Session, 
to consider a joint resolution honoring the life and memory of John P. East. (Res. 47) 

CALENDAR (Continued) 

H. B. 1179 (Senate Committee Substitute), a bill to restore the right of near relatives to 
assist voters, which was repealed by the 1985 Session. 

The Senate Committee Substitute bill passes its second (electronically recorded) and 
third readings and is ordered sent to the House of Representatives for concurrence in the 
Senate Committee Substitute bill. 

H. J. R. 2115, a joint resolution authorizing the 1985 General Assembly, 1986 Session, 
to consider a bill to be entitled an act to authorize certain housing authorities to provide 
housing for moderate income persons. 



July 1, 1986 



164 SENATE JOURNAL [Second Session 

The joint resolution passes its second (electronically recorded) and third readings and is 
ordered enrolled. 

The Chair declares the Senate in recess until 5:00 P.M. for the purpose of committee 
meetings. 

AFTERNOON SESSION— 5:00 P.M. 

The Senate meets pursuant to recess and is called to order by the Honorable Robert B. 
Jordan III, Lieutenant Governor. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Harrington for Rules and Operation of the Senate Committee: 

S. B. 1002, a bill to authorize the Legislative Research Commission to study campaign- 
ing and election procedures so as to increase the likelihood that candidates and issues will 
be supported or opposed based on their merits, with a favorable report. 

On motion of Senator Harrington, the bill is re-referred to the Appropriations Com- 
mittee. 

S. B. 1294, a bill to appoint persons to various public offices upon the recommendation of 
the President of the Senate, with a favorable report. 

H. J. R. 1886, a joint resolution authorizing the 1985 General Assembly, 1986 Session, 
to consider a bill to be entitled an act to exempt State operated curb markets from certain 
food regulations, with a favorable report. 

By Senator Soles for the Judiciary IV Committee: 

H. B. 1753, a bill to further provide for the separation of powers, with a favorable 
report. 

By Senator Winner for the Education Committee: 

H. B. 530 (Committee Substitute), a bill to remove archaic references to school com- 
mittees from Chapter 115C of the General Statutes and changing the percentage of 
qualified voters who may petition for election, with an unfavorable report as to Committee 
Substitute bill, but favorable as to Senate Committee Substitute bill. 

On motion of Senator Winner, the rules are suspended and the Senate Committee 
Substitute bill is placed before the Senate for immediate consideration. 

On motion of Senator Winner, the Senate Committee Substitute bill is adopted, and on 
his further motion is placed on the Calendar for Wednesday, July 2. 

By Senator Staton for the Judiciary II Committee: 

H. B. 1459, a bill to make the definition of a city the same under the city and county laws, 
and to conform to an attorney general's opinion as to the eligibility of cities incorporated 
before 1945 for Powell Bill allocations, with a favorable report, as amended. 

By Senator Tally for the Natural and Economic Resources and Wildlife Committee: 

July 1,1986 



1986] SENATE JOURNAL 165 

H. B. 1477, a bill to provide for the registration of land in Vance County and to prohibit 
hunting or the discharge of firearms without permission by persons on the registered land 
and on abutting portions of highway, with a favorable report. 

H. B. 1578, a bill to increase the season bag limit for foxes in Bladen County, with a 
favorable report. 

H. B. 1585, a bill to prohibit hunting from designated State secondary roads in Craven 
County, with a favorable report. 

H. B. 1631, a bill to permit the taking of foxes in Person County, with a favorable 
report. 

H. B. 1642, a bill to regulate hunting in Nash County, with a favorable report. 

H. B. 1647, a bill to regulate the shining of lights in deer areas in Columbus County, 
with a favorable report. 

H. B. 1661, a bill to authorize the lawful taking of black bears in Hyde County, with a 
favorable report. 

By Senator Ezzell for the Local Government and Regional Affairs Committee: 

H. B. 1476, a bill to exempt the Cities of Henderson and Murfreesboro from certain 
zoning notice requirements, with a favorable report. 

H. B. 1521, a bill to permit the Town of Tarboro to increase its parking penalties, with 
a favorable report. 

H. B. 1587, a bill to authorize Watauga County and municipalities located therein to 
regulate abandoned and junked vehicles for aesthetic purposes, with a favorable report. 

H. B. 1593, a bill to authorize Richmond County and municipaUties located therein to 
regulate abandoned and junked vehicles for aesthetic purposes, with a favorable report. 

H. B. 1598, a bill to revise the Charter of the Town of Wadesboro, with a favorable 
report. 

H. B. 1600, a bill relating to zoning by Wake County, with a favorable report. 

H. B. 1602, a bill to allow the Greensboro AlcohoUc Beverage Control Board to provide 
its own law enforcement personnel and to contract for additional law enforcement ser- 
vices, with a favorable report. 

H. B. 1611, a bill to provide for construction of an athletic field house at East Duplin 
High School, with a favorable report. 

H. B. 1618, a bill to change the name of the governing board of the City of Goldsboro 
from the Board of Alderman to the Council, with a favorable report. 

H. B. 1625, a bill to permit the City of Wilmington, the Town of Farmville, the City of 
Salisbury, and Durham County to accept deeds to real property in payment of hens held 
by the City, with a favorable report. 

H. B. 1629, a bill to allow Lincoln County and municipalities located therein to engage in 
economic development activities, with a favorable report. 



July 1, 1986 



166 SENATE JOURNAL [Second Session 

H. B. 1630, a bill to authorize Gaston County to enter into long term contracts for 
disposal of solid waste, with a favorable report. 

H. B. 1671, a bill to revise the Charter of the Town of Hope Mills, with a favorable 
report. 

H. B. 1675, a bill to make Chapter 639 of the 1985 Session Laws apply to the Town of 
Tarboro, with a favorable report. 

H. B. 1678, a bill to allow Sampson County to convey the Old Sampson High School 
property at private sale, with a favorable report. 

H. B. 1679, a bill to provide training requirements for appointed law enforcement 
officers, with a favorable report. 

H. B. 1693, a bill concerning the fiUing of vacancies on the Wilmington City Council, 
with a favorable report. 

H. B. 1634, a bill to remove certain described territory from the corporate limits of the 
Town of Spruce Pine, with a favorable report, as amended. •>>;:':;.,■ ; fi.- ,.,'{;.' 

H. B. 1658, a bill to raise the force account construction limit for water and sewer 
projects of Union County, with a favorable report, as amended. 

CALENDAR (Continued) 

H. B. 842 (Senate Committee Substitute), a bill to improve the administration of the 
property tax, upon second reading. 

The Senate Committee Substitute bill passes its second reading by roll-call vote, 
ayes 32, noes 11, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Cobb, Conder, Ezzell, Guy, 
Hardison, Harrington, Harris, Hunt of Durham, Hunt of Moore, Johnson of Wake, 
Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Price, 
Rand, Rauch, Shaw, Simpson, Speed, Staton, Taft, Tally, Ward, Warren, Wilhams, and 
Woodard— 32. 

Voting in the negative: Senators Hipps, Kaplan, McDowell, Sawyer, Soles, Somers, 
Swain, Thomas of Henderson, Walker, Watt, and Winner — 11. 

The Senate Committee Substitute bill remains on the Calendar for further considera- 
tion upon third reading. 

H. B. 1542, a bill to authorize counties to levy additional one-half percent local sales and 
use taxes, as amended, upon second reading. 

Senator Sawyer offers Amendment No. 2. Senator Winner offers a motion, seconded by 
Senator Marvin, that Amendment No. 2 do lie upon the table, which motion prevails 
(electronically recorded). Amendment No. 2 lies upon the table. 

Senator Winner calls the previous question, seconded by Senator Hardison. The call is 
sustained (electronically recorded). 

The bill, as amended, passes its second reading by roll-call vote, ayes 38, noes 5, as 
follows: 

Voting in the affirmative: Senators Ballenger, Basnight, Cobb, Conder, Ezzell, Guy, 
Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt ofMoore, Johnson of Wake, 
Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDowell, McDuffie, Par- 
nell, Plyler, Rand, Rauch, Simpson, Soles, Speed, Swain, Taft, Tally, Thomas of Craven, 



July 1, 1986 



1986] SENATE JOURNAL 167 

Walker, Ward, Warren, Watt, Williams, Winner, and Woodard — 38. 

Voting in the negative: Senators Barnes, Price, Sawyer, Shaw and Thomas of Hender- 
son — 5. 
The following pair is announced: Senator Royall, "aye"; Senator Somers, "no." 
The bill, as amended, remains on the Calendar for further consideration upon third 
reading. 

S. B. 858 (Committee Substitute), a bill to implement the recommendations of the 
Medical Malpractice Study Commission and to improve the capacity of the State to 
monitor the claims experience of liability insurers; and to assist the health care professions 
in peer review, risk management and self-disciplinary efforts, upon second reading. 

On motion of Senator Taft, courtesies of the floor are extended to Professor David 
Warren, Executive Director of the Medical Malpractice Commission, to assist with the 
explanation of the bill. 

Senator Taft offers Amendment No. 1 which is adopted (electronically recorded). 

The Committee Substitute bill, as amended, passes its second reading by roll-call vote, 
ayes 40, noes 3, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Cobb, Conder, Guy, 
Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt ofMoore, Johnson of Wake, 
Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDowell, McDuffie, Parnell, Plyler, 
Price, Rand, Rauch, Sawyer, Shaw, Simpson, Soles, Speed, Staton, Swain, Taft, Tally, 
Thomas of Craven, Thomas of Henderson, Ward, Warren, Williams, Winner, and Wood- 
ard— 40. 

Voting in the negative: Senators Kaplan, Somers and Walker — 3. 

The following pair is announced: Senator Royall, "aye;" Senator Watt, "no." 

The Committee Substitute bill, as amended, remains on the Calendar for further 
consideration upon third reading. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

S. B. 908, a bill to authorize the City of Wilson to let public contracts for construction or 
repair work of fifty thousand dollars or less, and for the purchase of apparatus, supplies, 
materials or equipment for twenty thousand dollars or less pursuant to informal bids 
under G. S. 143-131, for concurrence in House Amendment No. 1 which is placed on the 
Calendar for tomorrow, Wednesday, July 2. 

S. B. 950, a bill to authorize Haywood and Henderson Counties to adopt "pre- 
development ordinances," for concurrence in House Amendment No. 1 which is placed on 
the Calendar for tomorrow, Wednesday, July 2. 

H. B. 1548, a bill to authorize Camden County to levy an excise tax on instruments 
conveying real property in Camden County. 
Referred to Finance Committee 

H. B. 2107, a bill to appoint persons to various public offices upon the recommendation 
of the Speaker of the House of Representatives. 
Referred to Rules and Operation of the Senate Committee. 

H. B. 2106 (Committee Substitute), a bill to eliminate the need for a certificate of need 
to be issued for lithotripters. 
Referred to Human Resources Committee. 

July 1, 1986 



168 SENATE JOURNAL [Second Session 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Senator Barnes moves that Rule 40 be suspended to allow the introduction and referral 
to committee of the following bill, which motion prevails by a two-thirds majority vote. 

By Senator Barnes: 

S. B. 1295, a bill to make technical and conforming amendments to the Administrative 
Procedure Act. 
Referred to Judiciary I Committee. 

On motion of Senator Harrington, seconded by Senator Price, the Senate adjourns to 
meet tomorrow at 1:30 P.M. 



ONE HUNDRED THIRTY-NINTH DAY 

Senate Chamber, 
Wednesday, July 2, 1986. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by the Reverend Michael Safley, Associate Director for Youth and 
Young Adult Ministries, Council on Ministries, North Carolina Conference of The United 
Methodist Church, Raleigh, as follows: 

"0 God, Creator and Sustainer of the Universe, we ask that we experience Your 
Presence in this assembly. Lord, we ask that You give us enthusiasms to enjoy the endless 
tasks and responsibilities that lie ahead. Give us the courage to speak our convictions; and 
give us the wisdom to make the best decisions for the citizens of North Carolina, 

"In the heat of this summer and in the heat of debate, help us to enact legislation so that, 
'justice shall flow like an everflowing stream.' 

"In two days we will celebrate our independence as a Nation. Remind us of the 
principles upon which our country was founded. Help us to never lose sight of the vision 
for which we strive. Focus our deUberations upon enabling North Carolina to be a place of 
justice and liberty for all. 

"Lord, give each of us a safe journey to our destinations this weekend. Enable us to 
refresh our bodies and minds so that when we return, we will be able to tackle our 
obligations with clear minds and new insights. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence to Senators Redman and Johnson of Cabarrus 
for today. 

The President extends courtesies of the floor to Dallas Alford, former Senator from 
Nash County. 



July 2, 1986 



1986] SENATE JOURNAL 169 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator McDowell for the Manufacturing and Labor Committee: 

H. B. 2086, a bill to amend the Employment Security Law in compHance with federal 
law regarding Federal-State extended unemployment compensation, with a favorable 
report. 

By Senator Thomas of Henderson for the Finance Committee: 

H. B. 1448, a bill requiring that certain golf carts and battery chargers be considered a 
single article for sales tax purposes, with a favorable report. 

H. B. 1475, a bill to allow the City of Gastonia to enact local fair housing ordinances, 
with a favorable report. 

H. B. 1580, a bill making clarifying amendments to the gasoline, special fuel, and 
highway use tax statutes, with a favorable report. 

H. B. 1606, a bill to allow the County of Durham to particpate in urban development 
projects, with a favorable report. 

H. B. 1608, a bill to extend the income tax personal exemption for paraplegics and 
similarly disabled individuals to dependents who are paraplegic or similarly disabled, with 
a favorable report. 

H. B. 1617, a bill authorizing Wayne County to extend the boundaries of a rural fire 
protection district, with a favorable report. 

H. B. 1645 (Committee Substitute), a bill to permit the Town of Holly Springs to acquire 
property by the modified quick-take procedure of Chapter 40 A of the General Statutes, 
with a favorable report. 

H. B. 1653, a bill authorizing Buncombe and Haywood Counties to levy an additional 
one percent room occupancy and tourism development tax, with a favorable report. 

H. B. 2092, a bill to authorize a bond issue to construct a parking deck behind the 
Albemarle Building, with a favorable report. 

H. B. 2114, a bill clarifying the inventory tax credits and reductions enacted by the Tax 
Reduction Act of 1985, with a favorable report. 

H. B. 1100 (Committee Substitute), a bill to establish the Radiation Technology 
Practice Act, with a favorable report, as amended. 

By Senator Ezzell for the Local Government and Regional Affairs Committee: 

H. B. 1507, a bill to expand the membership of the Resources Development Commission 
for Brunswick County, with a favorable report. 

H. B. 1562 (Committee Substitute), a bill to make omnibus amendments concerning 
local governments in Orange and Chatham Counties, with a favorable report. 



July 2, 1986 



170 SENATE JOURNAL [Second Session 

H. B. 1594 (Committee Substitute), a bill to annex certain lands owned by the City of 
Rockingham to that City, with a favorable report. 

H. B. 1633, a bill to authorize the City of Wilmington to construct streets outside the 
corporate limits, with a favorable report. 

H. B. 1677 (Committee Substitute), a bill to revise the Charter of the City of Clinton and 
establish the Clinton-Sampson Agri-Civic Center Commission, with a favorable report. 

H. B. 1695 (Committee Substitute), a bill to allow the New Hanover County Board of 
Education to convey at private sale the Peabody School to Headstart of New Hanover 
County, with a favorable report. 

CALENDAR - ji 

Bills and resolutions on the Calendar are taken up and disposed of as follows: ' ^ • 

S. J. R. 953, a joint resolution honoring the life and memory of Sankey Wright 
Robinson, as amended. 

On motion of Senator Soles, the rules are suspended and the Senate joint resolution is 
taken from the Calendar and placed before the Senate for immediate consideration. 

The joint resolution, as amended, passes its second (electronically recorded) and third 
readings and is ordered, without objection, sent to the House of Representatives by 
special messenger. 

■■"■"■"'^"■' '^ ■■■"■ "■ ENROLLED BILLS "'"'"" "''''' '" -"' 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: .„ ,, 

S. B. 1024, an act to authorize the construction and the financing of a certain capital 
improvement project by the University of North Carolina at Chapel Hill. (Ch. 865) 

H. B. 491 (Senate Committee Substitute), an act to clarify that the 1983 rewrite of the 
North Carolina Election Campaign Fund Act which allowed disbursements to all candi- 
dates allows disbursements to all registered treasurers. (Ch. 866) 

H. B. 1496, an act to prohibit hunting from roads and to regulate hunting on private 

lands in Perquimans County. (Ch. 867) ,,.,,,, ^-^ ,• 

H. B. 1616, an act to regulate hunting in Chowan County. (Ch. 868) 

H. B. 1655, an act to prohibit taking deer with dogs in part of Richmond County. 
(Ch. 869) 

H. B. 1368, an act to annex certain territory to the corporate limits of the Town of Hot 
Springs. (Ch. 870) 

S. J. R. 934, a joint resolution authorizing the 1985 General Assembly, 1986 Session, to 
consider a bill to be entitled an act to make a technical amendment to G. S. 143-215.1. 
(Res. 48) 

H. J. R. 2115, a joint resolution authorizing the 1985 General Assembly, 1986 Session, 
to consider a bill to be entitled an act to authorize certain housing authorities to provide 
housing for moderate income persons. (Res. 49) 



July 2, 1986 



1986] SENATE JOURNAL 171 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

Senator Ballenger moves that Rule 40 be suspended to allow the introduction of the 
following joint resolution, which motion prevails by a two-thirds majority vote. 

By Senators Redman, Kincaid, and Ballenger: 

S. J. R. 1297, a joint resolution honoring the life and memory of John P. East. 

On motion of Senator Ballenger, the rules are suspended and the joint resolution is 
placed before the Senate for immediate consideration. 

The joint resolution passes its second (electronically recorded) and third readings and is 
ordered sent to the House of Representatives. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H. B. 1649, a bill to allow Henderson County to levy a room occupancy and tourism 
development tax. 
Referred to Finance Committee. 

H. B. 2105, a bill to permit certain beautification districts to hold ABC elections. 

On motion of Senator Basnight, the rules are suspended, and the bill is placed before the 
Senate for immediate consideration. 

The bill passes its second reading (electronically recorded). 

On objection of Senator Kincaid to its third reading, the bill remains on the Calendar for 
further consideration. 

CALENDAR (Continued) 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

H. B. 1584, a bill to authorize Chowan County to levy an excise tax on instruments 
conveying real property in Chowan County, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 41, noes 1, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Cobb, Conder, Ezzell, Goldston, 
Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Wake, Kaplan, Martin of Pitt, Marvin, McDowell, McDuffie, Parnell, Plyler, Price, Rand, 
Ranch, Shaw, Simpson, Smith, Soles, Speed, Staton, Swain, Taft, Tally, Thomas of 
Craven, Thomas of Henderson, Ward, Warren, Watt, WiUiams, Winner, and Wood- 
ard — 41. 

Voting in the negative: Senator Sawyer — 1. 

The bill is ordered enrolled. , 

H. B. 1646, a bill to authorize McDowell County to levy a room occupancy and tourism 

development tax, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 41, noes 1, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Cobb, Conder, Ezzell, Goldston, 

Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 

Wake, Kaplan, Martin of Pitt, Marvin, McDowell, McDuffie, Parnell, Plyler, Price, Rand, 



July 2, 1986 



172 SENATE JOURNAL [Second Session 

Rauch, Shaw, Simpson, Smith, Soles, Speed, Staton, Swain, Taft, Tally, Thomas of 
Craven, Thomas of Henderson, Ward, Warren, Watt, WiUiams, Winner, and Wood- 
ard — 41. 

Voting in the negative: Senator Sawyer — 1. 

The bill is ordered enrolled. / 

H. B. 1477, a bill to provide for the registration of land in Vance County and to prohibit 
hunting or the discharge of firearms without permission by persons on the registered land 
and on abutting portions of highway, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 41, noes 0, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Cobb, Conder, Ezzell, Goldston, 
Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Wake, Kaplan, Martin of Pitt, Marvin, McDowell, McDuffie, Parnell, Plyler, Price, Rand, 
Rauch, Sawyer, Shaw, Simpson, Smith, Speed, Staton, Swain, Taft, Tally, Thomas of 
Craven, Thomas of Henderson, Walker, Ward, Warren, Watt, Williams, and Wood- 
ard — 41. 

Voting in the negative: None. 

The bill remains on the Calendar for further consideration upon third reading. 

H. B. 1521, a bill to permit the Town of Tarboro to increase its parking penalties, upon 
second reading. 

The bill passes its second reading by roll-call vote, ayes 41, noes 0, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Cobb, Conder, Ezzell, Goldston, 
Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Wake, Kaplan, Martin of Pitt, Marvin, McDowell, McDuffie, Parnell, Plyler, Price, Rand, 
Rauch, Sawyer, Shaw, Simpson, Smith, Speed, Staton, Swain, Taft, Tally, Thomas of 
Craven, Thomas of Henderson, Walker, Ward, Warren, Watt, Williams, and Wood- 
ard — 41. 

Voting in the negative: None. 

The bill remains on the Calendar for further consideration upon third reading. 

H. B. 1629, a bill to allow Lincoln County and municipalities located therein to engage in 
economic development activities, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 41, noes 0, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Cobb, Conder, Ezzell, Goldston, 
Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Wake, Kaplan, Martin of Pitt, Marvin, McDowell, McDuffie, Parnell, Plyler, Price, Rand, 
Rauch, Sawyer, Shaw, Simpson, Smith, Speed, Staton, Swain, Taft, Tally, Thomas of 
Craven, Thomas of Henderson, Walker, Ward, Warren, Watt, Williams, and Wood- 
ard — 41. 

Voting in the negative: None. 

The bill remains on the Calendar for further consideration upon third reading. 

H. B. 1634, a bill to remove certain described territory from the corporate limits of the 
Town of Spruce Pine, upon second reading. 

On motion of Senator Ezzell, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second reading by roll-call vote, ayes 41, noes 0, as 
follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Cobb, Conder, Ezzell, Goldston, 
Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 



July 2, 1986 



1986] SENATE JOURNAL 173 

Wake, Kaplan, Martin of Pitt, Marvin, McDowell, McDuffie, Parnell, Plyler, Price, Rand, 
Rauch, Sawyer, Shaw, Simpson, Smith, Speed, Staton, Swain, Taft, Tally, Thomas of 
Craven, Thomas of Henderson, Walker, Ward, Warren, Watt, Williams, and Wood- 
ard — 41. 

Voting in the negative: None. 

The bill, as amended, remains on the Calendar for further consideration upon third 
reading. 

H. B. 1671, a bill to revise the Charter of the Town of Hope Mills, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 41, noes 0, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Cobb, Conder, Ezzell, Goldston, 
Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Wake, Kaplan, Martin of Pitt, Marvin, McDowell, McDuffie, Parnell, Plyler, Price, Rand, 
Rauch, Sawyer, Shaw, Simpson, Smith, Speed, Staton, Swain, Taft, Tally, Thomas of 
Craven, Thomas of Henderson, Walker, Ward, Warren, Watt, WilUams, and Wood- 
ard — 41. 

Voting in the negative: None. 

The bill remains on the Calendar for further consideration upon third reading. 

H. B. 1675, a bill to make Chapter 639 of the 1985 Session Laws apply to the Town of 
Tarboro, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 41, noes 0, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Cobb, Conder, Ezzell, Goldston, 
Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Wake, Kaplan, Martin of Pitt, Marvin, McDowell, McDuffie, Parnell, Plyler, Price, Rand, 
Rauch, Sawyer, Shaw, Simpson, Smith, Speed, Staton, Swain, Taft, Tally, Thomas of 
Craven, Thomas of Henderson, Walker, Ward, Warren, Watt, WilUams, and Wood- 
ard — 41. 

Voting in the negative: None. 

The bill remains on the Calendar for further consideration upon third reading. 

H. B. 1476, a bill to exempt the Cities of Henderson and Murfreesboro from certain 
zoning notice requirements. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

Senator Shaw requests to be recorded voting "no." 

H. B. 1578, a bill to increase the season bag Umit for foxes in Bladen County. 
The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 1585, a bill to prohibit hunting from designated State secondary roads in Craven 
County. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 1587, a bill to authorize Watauga County and municipalities located therein to 
regulate abandoned and junked vehicles for aesthetic purposes. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 1593, a bill to authorize Richmond County and municipalities located therein to 

July 2, 1986 



174 SENATE JOURNAL [Second Session 

regulate abandoned and junked vehicles for aesthetic purposes. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. c >i:.. ...r.^r. .* 

H. B. 1598, a bill to revise the Charter of the Town of Wadesboro. 
The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 1600, a bill relating to zoning by Wake County. 

Senator Johnson of Wake offers Amendment No. 1 which is adopted (electronically 
recorded). 

The bill, as amended, passes its second (electronically recorded) and third readings and 
is ordered sent to the House of Representatives for concurrence in Senate Amendment 
No. 1. 

H. B. 1602, a bill to allow the Greensboro Alcohohc Beverage Control Board to provide 
its own law enforcement personnel and to contract for additional law enforcement ser- 
vices. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 1611, a bill to provide for construction of an athletic field house at East Duplin 
High School. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 1618, a bill to change the name of the governing board of the City of Goldsboro 
from the Board of Alderman to the Council. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 1630, a bill to authorize Gaston County to enter into long term contracts for 
disposal of sohd waste. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 1631, a bill to permit the taking of foxes in Person County. "* ""' 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 1642, a bill to regulate hunting in Nash County. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 1647, a bill to regulate the shining of lights in deer areas in Columbus County. 

Senator Tally offers Amendment No. 1 which is adopted (electronically recorded). 

The bill, as amended, passes its second (electronically recorded) and third readings and 
is ordered sent to the House of Representatives for concurrence in Senate Amendment 
No. 1. 

H. B. 1658, a bill to raise the force account construction limit for water and sewer 
projects of Union County. 
On motion of Senator Ezzell, Committee Amendment No. 1 is adopted. 



July 2, 1986 



1986] SENATE JOURNAL 175 

The bill, as amended, passes its second (electronically recorded) and third readings and 
is ordered sent to the House of Representatives for concurrence in Senate Amendment 
No. 1. 

H. B. 1661, a bill to authorize the lawful taking of black bears in Hyde County. 
The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 1678, a bill to allow Sampson County to convey the Old Sampson High School 
property at private sale. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 1679, a bill to provide training requirements for appointed law enforcement 
officers. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. , , ,- 

H. B. 1693, a bill concerning the filling of vacancies on the Wilmington City Council. 
The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 1625, a bill to permit the City of Wilmington, the City of Salisbury, and Durham 
County to accept deeds to real property in payment of liens held by the City. 

Senator Martin of Pitt offers Amendment No. 1 which is adopted (electronically 
recorded), changing the title, upon concurrence, to read, H. B. 1625, a bill to permit the 
City of Wilmington, the Town of Farmville, the City of SaUsbury, and Durham County to 
accept deeds to real property in payment of hens held by the City. 

The bill, as amended, passes its second (electronically recorded) and third readings and 
is ordered sent to the House of Representatives for concurrence in Senate Amendment 
No. 1. 

S. B. 923, a bill to clarify the authority of Richmond County to undertake economic 
development activities, for concurrence in House Amendment No. 1, upon third reading. 

On motion of Senator Conder, the Senate concurs in House Amendment No. 1 which 
changes the title to read, S. B. 923, a bill to clarify the authority of Richmond County and 
the municipalities located therein to undertake economic development activities, upon 
third reading by roll-call vote, ayes 41, noes 0, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Cobb, Conder, Ezzell, Goldston, 
Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDowell, McDuffie, 
Plyler, Price, Rand, Rauch, Shaw, Simpson, Smith, Speed, Staton, Swain, Taft, Tally, 
Thomas of Craven, Thomas of Henderson, Walker, Ward, Watt, WilUams, Winner, and 
Woodard — 41. 

Voting in the negative: None. .: , v 

The bill is ordered enrolled. 

S. B. 908, a bill to authorize the City of Wilson to let pubhc contracts for construction or 
repair work of fifty thousand dollars or less, and for the purchase of apparatus, supphes, 
materials or equipment for twenty thousand dollars or less pursuant to informal bids 
under G. S. 143-131, for concurrence in House Amendment No. 1. 

On motion of Senator Martin of Pitt, the Senate concurs in House Amendment No. 1 



July 2, 1986 



176 SENATE JOURNAL [Second Session 

(electronically recorded), and the bill is ordered enrolled. 

S. B. 950, a bill to authorize Haywood and Henderson Counties to adopt "pre- 
development ordinances," for concurrence in House Amendment No. 1. 

Senator Hipps, moves that the Senate do not concur in House Amendment No. 1 and 
further moves that the President appoint conferees, which motions prevail. 

The President appoints Senators Hipps, Thomas of Henderson, and Rand as conferees 
on the part of the Senate to resolve the differences arising between the two Bodies, and a 
message is ordered sent to the House of Representatives informing that Honorable Body 
of such action and requesting conferees. 

S. B. 858 (Committee Substitute), a bill to implement the recommendations of the 
Medical Malpractice Study Commission and to improve the capacity of the State to 
monitor the claims experience of liability insurers; assist the health care professions in 
peer review, risk management and self-disciplinary efforts; and limit the liability of health 
care providers for noneconomic and punitive damages, as amended, upon third reading. 

Senator Taft offers Amendment No. 2, changing the title to read S. B. 858 (Committee 
Substitute), a bill to implement the recommendations of the Medical Malpractice Study 
Commission and to improve the capacity of the State to monitor the claims experience of 
liability insurers; and to assist the health care professions in peer review, risk manage- 
ment, and self-disciplinary efforts; which is adopted (electronically recorded). 

Senator Cobb offers Amendment No. 3 which is adopted (electronically recorded). 

Senator Watt offers Amendment No. 4. After lengthy debate. Senator Staton calls the 
previous question, seconded by Senator Harrington. The call is sustained. Amendment 
No. 4 fails of adoption (electronically recorded). 

Senator Taft calls the previous question, seconded by Senator Hardison. The call is 
sustained. 

The Committee Substitute bill, as amended, passes its third reading by roll-call vote, 
ayes 45, noes 1, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Cobb, Conder, Ezzell, 
Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, 
Johnson of Wake, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDowell, McDuf- 
fie, Pamell, Plyler, Price, Rand, Rauch, Sawyer, Shaw, Simpson, Smith, Soles, Speed, 
Staton, Swain, Taft, Tally, Thomas of Craven, Thomas of Henderson, Walker, Ward, 
Warren, Watt, Williams, Winner, and Woodard — 45. 

Voting in the negative: Senator Kaplan — 1. 

The Committee Substitute bill, as amended, is ordered engrossed and sent to the House 
of Representatives. 

H. J. R. 1886, a joint resolution authorizing the 1985 General Assembly, 1986 Session, 
to consider a bill to be entitled an act to exempt State operated curb markets from certain 
food regulations. 

The joint resolution passes its second (electronically recorded) and third readings and is 
ordered enrolled. . 

S. B. 906, a bill providing that retail food establishments are not manufacturers for sales 
tax purposes, as amended, upon third reading. 

The bill, as amended, passes its third reading by roll-call vote, ayes 38, noes 0, as 
follows: 

Voting in the affirmative: Senators Ballenger, Basnight, Cobb, Conder, Goldston, Guy, 
Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Kaplan, Kincaid, 



July 2, 1986 



1986] SENATE JOURNAL 177 

Martin of Pitt, Martin of Guilford, Marvin, McDowell, McDuffie, Parnell, Price, Rand, 
Rauch, Sawyer, Shaw, Simpson, Soles, Speed, Swain, Taft, Tally, Thomas of Craven, 
Thomas of Henderson, Ward, Watt, Williams, Winner, and Woodard — 38. 

Voting in the negative: None. 

The bill, as amended, is ordered engrossed and sent to the House of Representatives. 

H. B. 842 (Senate Committee Substitute), a bill to improve the administration of the 
property tax. 

On motion of Senator Kaplan, consideration of the Senate Committee Substitute bill is 
postponed until Tuesday, July 8. 

H. B. 1542, a bill to authorize counties to levy additional one-half percent local sales and 
use taxes, as amended, upon third reading. 

Senator Sawyer offers Amendment No. 3. Senator Winner, seconded by Senator 
Marvin, offers a motion that Amendment No. 3 do lie upon the table, which motion 
prevails (electronically recorded). Amendment No. 3 lies upon the table. 

The bill, as amended, passes its third reading by roll-call vote, ayes 37, noes 4, as 
follows: 

Voting in the affirmative: Senators Ballenger, Basnight, Cobb, Conder, Goldston, Guy, 
Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Kaplan, Kincaid, 
Martin of Pitt, Martin of Guilford, Marvin, McDowell, McDuffie, Parnell, Rand, Rauch, 
Simpson, Smith, Soles, Speed, Staton, Swain, Taft, Tally, Thomas of Craven, Walker, 
Ward, Warren, Watt, Williams, and Winner — 37, 

Voting in the negative: Senators Barnes, Price, Sawyer, and Thomas of Henderson — 4. 

The following pair is announced: Senator Royall, "aye"; Senator Shaw, "no." 

The bill, as amended, is ordered engrossed and sent to the House of Representatives for 
concurrence in Senate Amendment No. 1. 

The Chair subsequently rescinds the order of engrossment, and orders the bill sent to 
the House of Representatives for concurrence in Senate Amendment No. 1. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H. B. 1458 (Committee Substitute), a bill to create a Joint Legislative Commission on 
Municipal Incorporations, to review proposals to incorporate new municipalities. 
Referred to Rules and Operation of the Senate Committee. 

H. B. 1696, a bill to require haulers of trash, garbage or rubble to cover the loads. 
Referred to Local Government and Regional Affairs Committee. 

H. B. 1970, a bill to increase the fees for community service. 
Referred to Finance Committee. 

CALENDAR (Continued) 

H. B. 2101, a bill to authorize the construction and the financing, without appropria- 
tions from the General Fund, of certain capital improvements projects of the constituent 
institutions of the University of North Carolina, upon third reading. 
The bill passes its third reading by roll-call vote, ayes 41, noes 0, as follows: 
Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Cobb, Conder, Gold- 
ston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, 



July 2, 1986 



178 SENATE JOURNAL [Second Session 

Kaplan, Kincaid, Martin of Pitt, Marvin, McDowell, McDuffie, Parnell, Plyler, Price, 
Rand, Rauch, Sawyer, Shaw, Simpson, Smith, Soles, Speed, Staton, Swain, Tally, 
Thomas of Craven, Thomas of Henderson, Walker, Ward, Warren, Watt, Williams, and 
Winner — 41. 

Voting in the negative: None. : r:n- ;>^•• ;/'-•;> v-v -?;= i.,: . ^r,,; ^-^ _.,./' •,<;;:.' 

The bill is ordered enrolled. 

H. B. 1459, a bill to make the definition of a city the same under the city and county laws, 
and to conform to an attorney general's opinion as to the eligibility of cities incorporated 
before 1945 for Powell Bill allocations, upon second reading. 

On motion of Senator Staton, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second reading by roll-call vote, ayes 40, noes 1, as 
follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Cobb, Conder, Ezzell, 
Goldston, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, John- 
son of Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDowell, 
McDuffie, Plyler, Rand, Rauch, Sawyer, Shaw, Simpson, Soles, Speed, Staton, Swain, 
Taft, Tally, Thomas of Craven, Walker, Ward, Warren, WiUiams, Winner, and Wood- 
ard— 40. 

Voting in the negative: Senator Smith — 1. 

The bill, as amended, remains on the Calendar for further consideration upon third 
reading. 

H. B. 1753, a bill to further provide for the separation of powers, upon second reading. 
Senator Cobb offers Amendment No. 1 which fails of adoption (electronically recorded). 
On motion of Senator Soles, the bill is recommitted to the Judiciary IV Committee. 

H. B. 2019, a bill to amend Chapter 661 of the 1985 Session Laws to provide changes 
only with respect to projects wholly self-hquidating, as amended, upon second reading. 

The bill, as amended, passes its second reading by roll-call vote, ayes 42, noes 0, as 
follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Cobb, Conder, Ezzell, 
Goldston, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, John- 
son of Wake, Kaplan, Kincaid, Martin of Guilford, Marvin, McDowell, McDuffie, Plyler, 
Rand, Rauch, Sawyer, Shaw, Simpson, Smith, Soles, Speed, Staton, Swain, Taft, Tally, 
Thomas of Craven, Thomas of Henderson, Walker, Ward, Warren, Watt, Williams, 
Winner, and Woodard — 42. 

Voting in the negative: None. 

The bill, as amended, remains on the Calendar for further consideration upon third 
reading. 

S. B. 65, a bill to change the effective date of the life care center certificate of need 
modification law. 
On motion of Senator Rauch, the bill is re-referred to the Finance Committee. 

S. B. 460, a bill to classify property owned by a nonprofit residential retirement center 
and exclude this property from taxation. 

On motion of Senator Rauch, Committee Amendment No. 1 is adopted. 

On motion of Senator Rauch, the bill, as amended, is re-referred to the Finance 
Committee, without engrossment. ■ ; a.? 



July 2, 1986 



1986] SENATE JOURNAL 179 

S. B. 488, a bill to provide equitable sales tax treatment for livestock and poultry 
structures. 

On motion of Senator Plyler, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (electronically recorded) and third readings and 
is ordered engrossed and sent to the House of Representatives. 

S. B. 993, a bill to authorize an arbitration program in the Twenty-Sixth Judicial 
District. 

The bill passes its second (electronically recorded) and third readings and is ordered, 
without objection, sent to the House of Representatives by special messenger. 

S. B. 1288, a bill to establish an Oregon Inlet Commission and to appropriate funds for 
that purpose. 

On motion of Senator Basnight, Committee Amendment No. 1 is adopted, which 
changes the title, pursuant to Rule 55, to read, S. B. 1288, a bill to establish an Oregon 
Inlet Commission. 

The bill, as amended, passes its second (electronically recorded) and third readings and 
is ordered engrossed and sent to the House of Representatives, without objection, by 
special messenger. 

S. B. 1294, a bill to appoint persons to various public offices upon the recommendation of 
the President of the Senate. 

The bill passes its second (electronically recorded) and third readings and is ordered, 
without objection, sent to the House of Representatives by special messenger. 

H. B. 530 (Senate Committee Substitute), a bill to remove archaic references to school 
committees from Chapter 115C of the General Statutes and changing the percentage of 
qualified voters who may petition for election. 

The Senate Committee Substitute bill passes its second reading (electronically re- 
corded). 

On objection of Senator Ezzell to its third reading, the Senate Committee Substitute bill 
remains on the Calendar for further consideration upon third reading. 

H. B. 883, a bill to expand the sales tax exemption for farm products to include all farm 
products sold by the producer of the products, regardless whether the producer is also a 
retail dealer. 

On motion of Senator Swain, Committee Amendment No. 1 is adopted. 

On motion of Senator Rauch, further consideration of the bill, as amended, is postponed 
until Thursday, July 3. 

ENROLLED BILLS 

The Enrolling Clerk reports the following resolution properly enrolled, and it is duly 
ratified and sent to the office of the Secretary of State: 

H. J. R. 1886, a joint resolution authorizing the 1985 General Assembly, 1986 Session, 
to consider a bill to be entitled an act to exempt State operated curb markets from certain 
food regulations. (Res. 50) 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 



July 2, 1986 



180 SENATE JOURNAL [Second Session 

H. B. 1692, a bill authorizing New Hanover County to levy an additional one percent 
room occupancy and tourism development tax, and to adjust the distribution of occupancy 
tax revenue in New Hanover County. 

Referred to Finance Committee. 

H. J. R. 2122, a joint resolution honoring the life and memory of John P. East. 
Referred to Rules and Operation of the Senate Committee. 

H. B. 1697, a bill to create and establish the Kinston Firemen's Supplemental Retire- 
ment System for the classified firemen employees of the Fire Department of City of 
Kinston. 

Referred to Pensions and Retirement Committee. 

CALENDAR (Continued) 

H. B. 1460, a bill to require cities and counties to file copies of Home Rule Charter 
Amendments with the Secretary of State and the Legislative Library. 

On motion of Senator Ezzell, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (electronically recorded) and third readings and 
is ordered sent to the House of Representatives for concurrence in Senate Amendment 
No. 1. 

H. B. 1544, a bill to allow members of the Juvenile Law Study Commission to serve until 
their successors are appointed. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Senator Barnes moves that Rule 40 be suspended to allow the introduction of the 
following bill, which motion prevails by a two-thirds majority vote. 

By Senator Barnes: 

S. B. 1300, a bill to exempt State operated curb markets from certain food regulations. 
On motion of Senator Barnes, the rules are suspended and the bill is placed on the 
Calendar for Thursday, July 3. 

On motion of Senator Harrington, seconded by Senator Thomas of Craven, the Senate 
adjourns to meet tomorrow, Thursday, July 3, at 1:30 P.M. 



ONE HUNDRED FORTIETH DAY 

Senate Chamber, 
Thursday, July 3, 1986. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by the Reverend Jonathan E. Strother, Associate Minister of Hayes 
Barton United Methodist Church, Raleigh, as follows: 



July 3, 1986 



1986] SENATE JOURNAL 181 

"Our Father, we pause in the midst of another busy day to hear Your soft, still voice. 
You, and You alone are God. Just knowing that You are among us, and that You wait to 
guide our deUberations brings a calm assurance. 

"We thank You for the freedom that we each enjoy. We thank You for those who have 
died in defense of our freedom. Never allow us to take for granted the blessings of this 
State and nation. 

"Give us strength, dear God, to be responsible in word and deed; for ours is a rich 
heritage and a bountiful inheritance. Help us to be responsible to friend and foe aUke. 

"Even still, the weight of such responsibilities would be more than we could ever hope to 
bear. Yet, we know, Lord, that we are not alone; and even now we pause to give You 
thanks for the strength and courage that You give. 

"May the day's work before us be seen as service, not as obligation; as opportunity, not 
as burden. For we submit ourselves now to Your providence and Your care. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence to Senator Johnson of Cabarrus for today. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S. B. 908, an act to authorize the City of Wilson to let public contracts for construction or 
repair work of fifty thousand dollars or less, and for the purchase of apparatus, supplies, 
materials or equipment for twenty thousand dollars or less pursuant to informal bids 
under G. S. 143-13L (Ch. 871) 

S. B. 916, an act to give Rowan County animal control officers the power to issue 
citations. (Ch. 872) 

S. B. 919, an act to amend the Charter of the City of Statesville concerning the 
distribution of liquor profits. (Ch. 873) 

S. B. 923, an act to clarify the authority of Richmond County and the municipalities 
located therein to undertake economic development activities. (Ch. 874) 

S. B. 941, an act to permit the County of Currituck to regulate motor vehicles operation 
on public beaches. (Ch. 875) 

S. B. 944, an act to permit the City of New Bern to collect an attorney fee incurred as 
part of orders for demolition of unfit dwellings. (Ch. 876) 

H. B. 377 (Senate Committee Substitute), an act to be known as The North Carolina 
Condominium Act as recommended by the General Statutes Commission. (Ch. 877) 

H. B. 761, an act to apportion the federal estate tax burden as recommended by the 
General Statutes Commission. (Ch. 878) 



July 3, 1986 



182 SENATE JOURNAL [Second Session 

H. B. 1476, an act to exempt the Cities of Henderson and Murfreesboro from certain 
zoning notice requirements. (Ch. 879) 

H. B. 1578, an act to increase the season bag limit for foxes in Bladen County. (Ch. 880) 

H. B. 1584, an act to authorize Chowan County to levy an excise tax on instruments 
conveying real property in Chowan County. (Ch. 881) 

H. B. 1585, an act to prohibit hunting from designated State secondary roads in Craven 
County. (Ch. 882) 

H. B. 1587, an act to authorize Watauga County and municipalities located therein to 
regulate abandoned and junked vehicles for aesthetic purposes. (Ch. 883) 

H. B. 1593, an act to authorize Richmond County and municipalities located therein to 
regulate abandoned and junked vechicles for aesthetic purposes. (Ch. 884) , ... 

H. B. 1598, an act to revise the Charter of the Town of Wadesboro. (Ch. 885) 

H. B. 1602, an act to allow the Greensboro Alcoholic Beverage Control Board to provide 
its own law enforcement personnel and to contract for additional law enforcement ser- 
vices. (Ch. 886) 

H. B. 1611, an act to provide for construction of an athletic field house at East Duplin 
High School. (Ch. 887) 

H. B. 1618, an act to change the name of the governing board of the City of Goldsboro 
from the Board of Aldermen to the Council. (Ch. 888) 

H. B. 1630, an act to authorize Gaston County to enter into long term contracts for 
disposal of solid waste. (Ch. 889) 

H. B. 1631, an act to permit the taking of foxes in Person County. (Ch. 890) ^ . ,- 

H. B. 1642, an act to regulate hunting in Nash County. (Ch. 891) ■ ' • 

H. B. 1646, an act to authorize McDowell County to levy a room occupancy and tourism 
development tax. (Ch. 892) 

H. B. 1661, an act to authorize the lawful taking of black bears in Hyde County. (Ch. 
893) 

H. B. 1678, an act to allow Sampson County to convey the Old Sampson High School 
property at private sale. (Ch. 894) 

H. B. 1679, an act to provide training requirements for appointed law enforcement 
officers. (Ch. 895) 

H. B. 1693, an act concerning the fiHing of vacancies on the Wilmington City Council. 
(Ch. 896) 

S. B. 867, an act to authorize the Yancey Board of Commissioners to exercise jurisdic- 
tion over the regulation of domestic animals. (Ch. 897) 

H. B. 1544, an act to allow members of the Juvenile Law Study Commission to serve 
until their successors are appointed. (Ch. 898) 



July 3, 1986 



1986] SENATE JOURNAL 183 

H. B, 2101, an act to authorize the construction and the financing, without appropria- 
tions from the General Fund, of certain capital improvements projects of the constituent 
institutions of the University of North Carolina. (Ch, 899) 

S. J. R. 953, a joint resolution honoring the life and memory of Sankey Wright 
Robinson. (Res. 51) 

S. J. R. 1287, a joint resolution authorizing the 1985 General Assembly, 1986 Session, to 
consider a joint resolution repudiating the claim that the Wright Brothers did not make 
the first flight and expressing North Carolina's pride in the historic achievements of the 
Wright Brothers. (Res. 52) 

WITHDRAWAL FROM COMMITTEE 

H. B. 1458 (Committee Substitute), a bill to create a Joint Legislative Commission on 
Municipal Incorporations, to review proposals to incorporate new municipalities. 

On motion of Senator Ezzell, the rules are suspended and the Committee Substitute bill 
is taken from the Rules and Operation of the Senate Committee and re-referred to the 
Judiciary II Committee. 

^ RE-REFERRAL 

H. B. 1100 (Senate Committee Substitute), a bill to establish the Radiation Technology 
Practice Act. 

Senator Rauch offers a motion that the Senate Committee Substitute bill be taken from 
today's Calendar and placed before the Senate for immediate consideration, which motion 
prevails. 

Senator Rauch offers a motion that Committee Amendment No. 1 be adopted and 
further moves that the Senate Committee Substitute bill, as amended, be re-referred to 
the Ways and Means Committee, which motions prevail. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Rauch for the Finance Committee: 

H. B. 952 (Committee Substitute), a bill to amend the statute concerning special plates 
for amateur radio operators, with a favorable report. 

H. B. 1548, a bill to authorize Camden County to levy an excise tax on instruments 
conveying real property in Camden County, with a favorable report. 

H. B. 1970, a bill to increase the fees for community service, with a favorable report. 

H. B. 1649, a bill to allow Henderson County to levy a room occupancy and tourism 
development tax, with a favorable report, as amended. 

S. B. 460, a bill to classify property owned by a nonprofit residential retirement center 
and exclude this property from taxation, with an unfavorable report as to bill, but 
favorable as to Committee Substitute bill. 



July 3, 1986 



184 SENATE JOURNAL [Second Session 

On motion of Senator Rauch, the rules are suspended and the Committee Substitute 
bill, which changes the title to read, S. B. 460 (Committee Substitute), a bill to classify 
property owned by a nonprofit residential retirement center and exclude this property 
from taxation, and to change the effective date of the Life Care Center Certificate of Need 
Modification Law, is placed before the Senate for immediate consideration. 

On motion of Senator Rauch, the Committee Substitute bill is adopted, and on his 
further motion is placed on the Calendar for Monday, July 7. 

By Senator Soles for the Judiciary IV Committee: 

H. B. 1753, a bill to further provide for the separation of powers, with a favorable 
report, as amended. 

On motion of Senator Soles, the rules are suspended and the bill is placed on today's 
Calendar for consideration upon second reading. 

H. B. 1004, a bill to amend the Constitution to add two high school students to the State 
Board of Education, with an unfavorable report as to bill, but favorable as to Senate 
Committee Substitute bill. 

On motion of Senator Soles, the rules are suspended and the Senate Committee 
Substitute bill, which changes the title to read, H. B. 1004 (Senate Committee Sub- 
stitute), a bill to authorize the Governor to appoint two student advisors to the State 
Board of Education, is placed before the Senate for immediate consideration. 

On motion of Senator Soles, the Senate Committee Substitute bill is adopted, and on his 
further motion is placed on the Calendar for Monday, July 7. 

RECONSIDERATION 

H. B. 1460, a bill to require cities and counties to file copies of Home Rule Charter 
Amendments with the Secretary of State and the Legislative Library. 

Senator Staton moves that the vote by which the bill, as amended, passed its third 
reading be reconsidered, which motion prevails. 

Senator Staton further moves that the vote by which Committee Amendment No. 1 was 
adopted be reconsidered, which motion prevails. Without objection. Senator Staton 
withdraws Committee Amendment No. 1, and the bill remains before the Senate for 
further consideration upon third reading. 

Senator Staton offers Amendment No. 2 which is adopted (electronically recorded) 
changing the title to read, H. B. 1460, a bill to require cities and counties to file certified 
true copies of Home Rule Charter Amendments with the Secretary of State and the 
Legislative Library. 

The bill, as amended, passes its third reading, and is ordered, without objection, sent to 
the House of Representatives for concurrence in Senate Amendment No. 2. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Marvin for the Pensions and Retirement Committee: 

H. B. 1691, a bill to amend Article 1 of Chapter 118 of the General Statutes of North 



July 3, 1986 



1986] SENATE JOURNAL 185 

Carolina relating to the Firemen's Relief Fund of the City of Kinston, with a favorable 
report. 

H. B. 1697, a bill to create and establish the Kinston Firemen's Supplemental Retire- 
ment System for the classified firemen employees of the Fire Department of City of 
Kinston, with a favorable report. 

INTRODUCTION OF BILLS, RESOLUTIONS, AND PETITIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Basnight and Thomas of Craven: 

S. J. R. 1296, a joint resolution repudiating the claim that the Wright Brothers did not 
make the first flight and expressing North CaroUna's pride in the historic achievements of 
the Wright Brothers. 

On motion of Senator Basnight, the rules are suspended and the joint resolution is 
placed on the Calendar for Monday, July 7. 

By Senator Barnes: 

S. B. 1298, a bill to appropriate funds for the Adopt a Trail Program. 
Referred to Appropriations Committee. 

By Senators Marvin, Rauch, and Harris: 

S. J. R. 1299, a joint resolution authorizing the 1985 General Assembly, 1986 Session, to 
consider a bill to be entitled an act to provide that district judges shall be appointed within 
sixty days after nominations are submitted. 

On motion of Senator Marvin, the rules are suspended and the joint resolution is placed 
before the Senate for immediate consideration. 

The joint resolution passes its second (electronically recorded) and third readings and is 
ordered, without objection sent to the House of Representatives by special messenger. 

Senator Sawyer attests to and submits a copy of petitions filed in the office of the 
Principal Clerk, as follows: 

"In accordance vdth our First Amendment right 'to petition the Government for a 
redress of Grievances,' we the undersigned voters hereby express our strongest opposi- 
tion to the use of our taxes to finance the kiUing of innocent unborn babies. We commend 
those representatives who voted to discontinue abortion funding. We would advise those 
who voted to continue abortion funding that you have not represented our views on this 
very important issue. It is our strong desire that you reverse your position, and that you 
vote to stop this disgraceful practice when the the General Assembly reconvenes in June, 
1986." 

Referred to Human Resources Committee. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

S. B. 180, a bill to repeal the Presidential Preference Primary Act, so as to allow 
political parties to regulate the nomination of President and Vice President of the United 



July 3, 1986 



186 SENATE JOURNAL [Second Session 

States, for concurrence in the House Committee Substitute bill, changing the title, upon 
concurrence, to read, S. B. 180 (House Committee Substitute), a bill to change the date of 
the Presidential Preference Primary to the second Tuesday in March, so as to allow for a 
Southern Regional Presidential Primary, which is placed on the Calendar for Monday, 
July?. 

S. B. 757 (Committee Substitute), a bill to create the statutory offense of aiding and 
abetting a person driving while impaired, for concurrence in the House Committee 
Substitute bill, changing the title, upon concurrence, to read, S. B. 757 (House Committee 
Substitute), a bill to increase the punishments for rapes, sexual offenses, and assaults 
committed against the elderly. 

Referred to Judiciary I Committee. 

H. B. 2109, a bill to transfer certain property of the Juvenile Evaluation Center in 
Buncombe County to the Buncombe County Board of Education to use as part of a high 
school campus. 

Referred to Judiciary I Committee. -,«^:.;;t -?, ; .,-,-.!n-!-'.^ri 'v^ >;,■•;;.:■•■•: -; syril^ora ri{> 

S. B. 950 House of Representatives 

July 2, 1986 - .. 

Mr. President: 

Pursuant to your information that your Honorable Body failed to concur in House 
Amendment to S. B. No. 950, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE 
HAYWOOD AND HENDERSON COUNTIES TO ADOPT "PRE-DEVELOPMENT 
ORDINANCES," the Speaker has appointed as conferees on the part of the House, 
Representatives Beall (Chairman), Fletcher, and Wright to act with a like committee on 
the part of the Senate to the end that the differences existing between the two bodies may 
be adjusted. 

,\>_n:.L-;n:h'3ly:.:^'^ Respectfully, 

.•. ^.,.v,,, :...,;, ;■;■, u' ' '?:■:.'!'-'■ -y ■■>■■■'■ S/ Grace A. Collins 

-' ■ '" Principal Clerk 

CALENDAR u,^^ -uri 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

H. B. 1477, a bill to provide for the registration of land in Vance County and to prohibit 
hunting or the discharge of firearms without permission by persons on the registered land 
and on abutting portions of highway, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 43, noes 0, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Cobb, Conder, Ezzell, 
Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDowell, McDuffie, 
Pamell, Plyler, Price, Rand, Rauch, Redman, Sawyer, Shaw, Simpson, Smith, Soles, 
Speed, Staton, Swain, Tally, Thomas of Henderson, Walker, Ward, Warren, Watt, 
Williams, and Winner — 43. 

Voting in the negative: None. 

The bill is ordered enrolled. *^' -i^'-ha- .-■ -.: '.,-x'..>U'.' 'i: e <^' 



July 3, 1986 



1986] ^ SENATE JOURNAL 187 

H. B. 1521, a bill to permit the Town of Tarboro to increase its parking penalties, upon 
third reading. 

The bill passes its third reading by roll-call vote, ayes 43, noes 0, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Cobb, Conder, Ezzell, 
Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDowell, McDuffie, 
Parnell, Plyler, Price, Rand, Rauch, Redman, Sawyer, Shaw, Simpson, Smith, Soles, 
Speed, Staton, Swain, Tally, Thomas of Henderson, Walker, Ward, Warren, Watt, 
Williams, and Winner — 43. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H. B. 1629, a bill to allow Lincoln County and municipalities located therein to engage in 
economic development activities, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 43, noes 0, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Cobb, Conder, Ezzell, 
Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDowell, McDuffie, 
Parnell, Plyler, Price, Rand, Rauch, Redman, Sawyer, Shaw, Simpson, Smith, Soles, 
Speed, Staton, Swain, Tally, Thomas of Henderson, Walker, Ward, Warren, Watt, 
WilUams, and Winner — 43. 

Voting in the negative: None. ' ' ^ ' 

The bill is ordered enrolled. 

H. B. 1634, a bill to remove certain described territory from the corporate limits of the 
Town of Spruce Pine, as amended, upon third reading. 

The bill, as amended, passes its third reading by roll-call vote, ayes 43, noes 0, as 
follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Cobb, Conder, Ezzell, 
Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDowell, McDuffie, 
Parnell, Plyler, Price, Rand, Rauch, Redman, Sawyer, Shaw, Simpson, Smith, Soles, 
Speed, Staton, Swain, Tally, Thomas of Henderson, Walker, Ward, Warren, Watt, 
Wilhams, and Winner — 43. 

Voting in the negative: None. ^ ■ ■ 

The bill, as amended, is ordered sent to the House of Representatives for concurrence in 
Senate Amendment No. 1. 

H. B. 1671, a bill to revise the Charter of the Town of Hope Mills, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 43, noes 0, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Cobb, Conder, Ezzell, 
Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDowell, McDuffie, 
Parnell, Plyler, Price, Rand, Rauch, Redman, Sawyer, Shaw, Simpson, Smith, Soles, 
Speed, Staton, Swain, Tally, Thomas of Henderson, Walker, Ward, Warren, Watt, 
WilUams, and Winner — 43. 

Voting in the negative: None. 

The bill is ordered enrolled. ' ' • 

H. B. 1675, a bill to make Chapter 639 of the 1985 Session Laws apply to the Town of 
Tarboro, upon third reading. 



July 3, 1986 



188 SENATE JOURNAL [Second Session 

The bill passes its third reading by roll-call vote, ayes 43, noes 0, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Cobb, Conder, Ezzell, 
Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDowell, McDuffie, 
Pamell, Plyler, Price, Rand, Rauch, Redman, Sawyer, Shaw, Simpson, Smith, Soles, 
Speed, Staton, Swain, Tally, Thomas of Henderson, Walker, Ward, Warren, Watt, 
Williams, and Winner — 43. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H. B. 1594 (Committee Substitute), a bill to annex certain lands owned by the City of 
Rockingham to that City, upon second reading. 

The Committee Substitute bill passes its second reading by roll-call vote, ayes 45, 
noes 0, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Cobb, Conder, Ezzell, 
Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDowell, McDuffie, 
Pamell, Plyler, Price, Rand, Rauch, Redman, Sawyer, Shaw, Simpson, Smith, Soles, 
Speed, Staton, Swain, Taft, Tally, Thomas of Craven, Thomas of Henderson, Walker, 
Ward, Warren, Watt, Williams, and Winner — 45. 

Voting in the negative: None. 

The Committee Substitute bill remains on the Calendar for further consideration upon 
third reading, 

H. B. 1645 (Committee Substitute), a bill to permit the Tovni of Holly Springs to acquire 
property by the modified quick-take procedure of Chapter 40 A of the General Statutes, 
upon second reading. 

The Committee Substitute bill passes its second reading by roll-call vote, ayes 45, 
noes 0, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Cobb, Conder, Ezzell, 
Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDowell, McDuffie, 
Parnell, Plyler, Price, Rand, Rauch, Redman, Sav^^er, Shaw, Simpson, Smith, Soles, 
Speed, Staton, Swain, Taft, Tally, Thomas of Craven, Thomas of Henderson, Walker, 
Ward, Warren, Watt, WilUams, and Winner — 45. 

Voting in the negative: None. 

The Committee Substitute bill remains on the Calendar for further consideration upon 
third reading. 

H. B. 1653, a bill authorizing Buncombe and Haywood Counties to levy an additional 
one percent room occupancy and tourism development tax, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 45, noes 0, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Cobb, Conder, Ezzell, 
Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDowell, McDuffie, 
Pamell, Plyler, Price, Rand, Rauch, Redman, Sawyer, Shaw, Simpson, Smith, Soles, 
Speed, Staton, Swain, Taft, Tally, Thomas of Craven, Thomas of Henderson, Walker, 
Ward, Warren, Watt, Williams, and Winner — 45. 

Voting in the negative: None. 

The bill remains on the Calendar for further consideration upon third reading. 



July 3, 1986 



1986] SENATE JOURNAL 189 

H. B. 1677 (Committee Substitute), a bill to revise the Charter of the City of Clinton and 
establish the Clinton-Sampson Agri-Civic Center Commission, upon second reading. 

The Committee Substitute bill passes its second reading by roll-call vote, ayes 45, 
noes 0, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Cobb, Conder, Ezzell, 
Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDowell, McDuffie, 
Parnell, Plyler, Price, Rand, Rauch, Redman, Sawyer, Shaw, Simpson, Smith, Soles, 
Speed, Staton, Swain, Taft, Tally, Thomas of Craven, Thomas of Henderson, Walker, 
Ward, Warren, Watt, Williams, and Winner — 45. 

Voting in the negative: None. 

The Committee Substitute bill remains on the Calendar for further consideration upon 
third reading. 

H. B. 1475, a bill to allow the City of Gastonia to enact local fair housing ordinances. 
The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 1507, a bill to expand the membership of the Resources Development Commission 
for Brunswick County. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 1606, a bill to allow the County of Durham to participate in urban development 
projects. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 1633, a bill to authorize the City of Wilmington to construct streets outside the 
corporate limits. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 1695 (Committee Substitute), a bill to allow the New Hanover County Board of 
Education to convey at private sale the Peabody School to Headstart of New Hanover 
County. 

The Committee Substitute bill passes its second (electronically recorded) and third 
readings and is ordered enrolled. 

H. B. 1459, a bill to make the definition of a city the same under the city and county laws, 
and to conform to an attorney general's opinion as to the eligibility of cities incorporated 
before 1945 for Powell Bill allocations, as amended, upon third reading. 

The bill, as amended, passes its third reading by roll-call vote, ayes 42, noes 0, as 
follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Cobb, Conder, Ezzell, 
Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Kaplan, 
Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDowell, McDuffie, Parnell, Plyler, 
Price, Rand, Rauch, Redman, Sawyer, Shaw, Smith, Soles, Speed, Staton, Swain, Taft, 
Tally, Thomas of Craven, Thomas of Henderson, Ward, Warren, Watt, Williams, and 
Winner — 42. 

Voting in the negative: None. 



July 3, 1986 



190 SENATE JOURNAL [Second Session 

The bill, as amended, is ordered sent to the House of Representatives for concurrence in 
Senate Amendment No. 1, 

H. B. 2019, a bill to amend Chapter 661 of the 1985 Session Laws to provide changes 
only with respect to projects wholly self-liquidating, as amended, upon third reading. 

The bill, as amended, passes its third reading by roll-call vote, ayes 43, noes 0, as 
follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Cobb, Conder, Ezzell, 
Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDowell, McDuffie, 
Parnell, Plyler, Price, Rand, Rauch, Redman, Sawyer, Shaw, Smith, Soles, Speed, 
Staton, Swain, Taft, Tally, Thomas of Craven, Thomas of Henderson, Ward, Warren, 
Watt, WilUams, and Winner — 43. 

Voting in the negative: None. 

The bill, as amended, is ordered sent to the House of Representatives for concurrence in 
Senate Amendment No. 1. : • ,: .:■:■., - -,■ ..,. iv; ;...;:;- lu-- jn^ 

H. B. 1617, a bill authorizing Wayne County to extend the boundaries of a rural fire 
protection district, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 43, noes 0, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Cobb, Conder, Ezzell, 
Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDowell, McDuffie, 
Parnell, Plyler, Price, Rand, Rauch, Redman, Sawyer, Shaw, Smith, Soles, Speed, 
Staton, Swain, Taft, Tally, Thomas of Craven, Thomas of Henderson, Ward, Warren, 
Watt, Williams, and Winner — 43. 

Voting in the negative: None. 

The bill remains on the Calendar for further consideration upon third reading. 

H. B. 1753, a bill to further provide for the separation of powers, upon second reading. 

On motion of Senator Soles, Committee Amendment No. 2 is adopted. 

The bill, as amended, passes its second reading by roll-call vote, ayes 44, noes 0, as 
follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Cobb, Conder, Ezzell, 
Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDowell, McDuffie, 
Parnell, Plyler, Price, Rand, Rauch, Redman, Sawyer, Shaw, Smith, Soles, Speed, 
Staton, Swain, Taft, Tally, Thomas of Craven, Thomas of Henderson, Walker, Ward, 
Warren, Watt, Williams, and Winner — 44. 

Voting in the negative: None. 

The bill, as amended, remains on the Calendar for further consideration upon third 
reading. ■.- ■■,: . - , = ;.; 

H. B. 2092, a bill to authorize a bond issue to construct a parking deck behind the 
Albemarle Building, upon second reading. 
The bill passes its second reading by roll-call vote, ayes 43, noes 1, as follows: 
Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Cobb, Conder, Ezzell, 
Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDowell, McDuffie, 
Parnell, Plyler, Price, Rand, Rauch, Sawyer, Shaw, Smith, Soles, Speed, Staton, Swain, 



July 3, 1986 



1986] SENATE JOURNAL 191 

Taft, Tally, Thomas of Craven, Thomas of Henderson, Walker, Ward, Warren, Watt, 
Williams, and Winner — 43. 

Voting in the negative: Senator Redman — 1. 

The bill remains on the Calendar for further consideration upon third reading, 

H. B. 2114, a bill clarifying the inventory tax credits and reductions enacted by the Tax 
Reduction Act of 1985, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 42, noes 0, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Cobb, Conder, Ezzell, 
Guy, Hardison, Harris, Hipps, Hunt of Durham, Hunt of Moore, Kaplan, Kincaid, Martin 
of Pitt, Martin of Guilford, Marvin, McDowell, McDuffie, Parnell, Plyler, Price, Rand, 
Rauch, Redman, Sawyer, Shaw, Smith, Speed, Staton, Swain, Taft, Tally, Thomas of 
Craven, Thomas of Henderson, Walker, Ward, Warren, Watt, Williams, Winner, and 
Woodard— 42. . ,,, - = - -: 

Voting in the negative: None. 

The bill remains on the Calendar for further consideration upon third reading. 

S. B. 1300, a bill to exempt State operated curb markets from certain food regulations. 
The bill passes its second (electronically recorded) and third readings and is ordered, 
without objection, sent to the House of Representatives by special messenger. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H. J. R. 2120, a joint resolution honoring the life and memory of George M. Wood. 

On motion of Senator Basnight, the rules are suspended, and the joint resolution is 
placed before the Senate for immediate consideration. 

The President of the Senate announces that a fourth granddaughter of the former 
Senator was bom today. 

Members of the Senate, family and friends of the former Senator honor him with a 
standing ovation. 

The joint resolution passes its second (electronically recorded) and third readings and is 
ordered enrolled. 

CALENDAR (Continued) 

H. B. 1448, a bill requiring that certain golf carts and battery chargers be considered a 
single article for sales tax purposes. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 883, a bill to expand the sales tax exemption for farm products to include all farm 
products sold by the producer of the products, regardless whether the producer is also a 
retail dealer, as amended. 

On motion of Senator Watt, consideration of the bill, as amended, is postponed until 
Monday, July 7. 

H. B. 1580, a bill making clarifying amendments to the gasoline, special fuel, and 
highway use tax statutes. 
The bill passes its second reading (electronically recorded). 



July 3, 1986 



192 SENATE JOURNAL [Second Session 

On objection of Senator Parnell to its third reading, the bill remains on the Calendar for 
further consideration. 

H. B. 1608, a bill to extend the income tax personal exemption for paraplegics and 
similarly disabled individuals to dependents who are paraplegic or similarly disabled. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. - 

H. B. 2086, a bill to amend the Employment Security Law in compliance with federal 
law regarding Federal-State extended unemployment compensation. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 530 (Senate Committee Substitute), a bill to remove archaic references to school 
committees from Chapter 115C of the General Statutes and changing the percentage of 
qualified voters who may petition for election, upon third reading. 

The Senate Committee Substitute bill passes its third reading (electronically recorded), 
and is ordered sent to the House of Representatives for concurrence in the Senate 
Committee Substitute bill. 

H. B. 2105, a bill to permit certain beautification districts to hold ABC elections, upon 
third reading. 
The bill passes its third reading (electronically recorded), and is ordered enrolled. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Senator Rand moves that Rule 40 be suspended to allow the introduction and referral to 
committee of the following bill, which motion prevails by a two-thirds majority vote. 

By Senators Rand, Plyler, and Warren: 

S. B. 1301, a bill to change the effective date for the commencement of benefits from the 
Sheriffs' Supplemental Pension Fund from July to January of each year and to cause any 
excess assets of Fund to be transferred to the Supplemental Retirement Income Plan for 
other local governmental law enforcement officers. 

Referred to Pensions and Retirement Committee. 

CALENDAR (Continued) 

H. B. 1562 (Committee Substitute), a bill to make omnibus amendments concerning 
local governments in Orange and Chatham Counties, upon second reading. 

The Committee Substitute bill passes its second reading by roll-call vote, ayes 35, 
noes 0, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Ezzell, Guy, Harrington, Har- 
ris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of Wake, Kaplan, Martin of 
Guilford, Marvin, McDowell, Parnell, Plyler, Price, Rand, Redman, Sav^^er, Smith, 
Soles, Speed, Staton, Swain, Taft, Tally, Thomas of Craven, Thomas of Henderson, 
Walker, Ward, Warren, Watt, Winner, and Woodard — 35. 

Voting in the negative: None. 

The Committee Substitute bill remains on the Calendar for further consideration upon 
third reading. . _ 



July 3, 1986 



1986] SENATE JOURNAL 193 

On motion of Senator Harrington, seconded by Senator Woodard, the Senate adjourns 
in honor of our heritage and is led by the President of the Senate in the Pledge of 
Allegiance to the United States of America, to meet Monday, July 7, at 7:00 P.M. 



ONE HUNDRED FORTY-FIRST DAY 

Senate Chamber, 
Monday, July 7, 1986. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan HI, Lieutenant Governor. 

Prayer is offered by The Reverend Suzanna Ross Helms, Associate Minister of Hayes 
Barton United Methodist Church, Raleigh, as follows: 

"Lord God, I pray for the women and men gathered here in this room. You have put a 
special calling in their hearts. You have called them to both lead and serve the people of 
this great State. As they deliberate this evening, God, may they know You as the 
Source of wisdom and understanding, of peace and patience, of power and of humility. As 
they seek ways to better the lives of those they serve, may they remember that You are 
the Source of all life. You called into being the Native American in Cherokee, the furniture 
maker in Thomasville, the urban mother in Durham, the fisherman in Harker's Island. As 
they seek to understand and hear one another clearly, may they recognize one another as 
sisters and brothers and know You to be the Head of the whole human family. 

"These are good people, God. They seek to serve well and lead bravely and make wise 
decisions and work to the best of their abilities. Be their guide. Lord. Bless them and keep 
them, that they might do and say would reflect the seriousness and sacredness of their 
calling. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of Thursday, July 3, has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

The President grants leaves of absence to Senators Ballenger, McDuffie, Taft, and 
Thomas of Henderson for tonight. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Barnes for the Judiciary I Committee: 

H. B. 759, a bill to validate certain judgments of divorce entered upon any of the 
grounds abolished by Chapter 613 of the 1983 Session Laws As Amended by Section 
217(0) of Chapter 923 of the 1983 Session Laws as recommended by the General Statutes 
Commission, with a favorable report. 



July 7, 1986 



194 SENATE JOURNAL [Second Session 

H. B. 2109, a bill to transfer certain property of the Juvenile Evaluation Center in 
Buncombe County to the Buncombe County Board of Education to use as part of a high 
school campus, with a favorable report. : : ,; » .-, ;=,;'.% 

H. B. 648 (Committee Substitute), a bill to amend G. S. 6-21.1 to raise the judgment 
limit to ten thousand dollars, with a favorable report, as amended. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Redman: 

S. B. 1302, a bill to provide additional funding for the production of the biennial State of 
the Environment Report. 
Referred to Appropriations Committee. 

By Senator Redman: 

S. B. 1303, a bill to provide additional funding for the community service worker 
program of the Department of Natural Resources and Community Development. 
Referred to Appropriations Committee. 

By Senator Speed: >> ^ 

S. J. R. 1304, a joint resolution authorizing the 1985 General Assembly, 1986 Session, 
to consider a bill to be entitled an act to allow the Franklin County Board of Education to 
convey certain property at private sale to the Fire and Rescue Association, Incorporated, 
Epsom, North Carolina. v «v s: > ■ -rv> - > " '■ 

Referred to Rules and Operation of the Senate Committee. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

S. B. 303 (Committee Substitute), a bill to amend Chapter 50 of the General Statutes to 
establish procedures for withholding from wages and other income in child support cases 
as required by federal law, for concurrence in the House Committee Substitute bill 
changing the title, upon concurrence, to read, S. B. 303 (House Committee Substitute), a 
bill to amend the General Statutes to estabhsh procedures for withholding from wages and 
other income in child support cases as required by federal law, which is placed on the 
Calendar for tomorrow, July 8. 

S. B. 926, a bill to eliminate the requirement that the City of Asheboro and Counties of 
Anson, Montgomery, Scotland, Stanly, Union, Gaston, Lincoln, Cleveland and Ruther- 
ford mail zoning notices, for concurrence in House Amendments No. 1 and No. 3 which 
change the title, upon concurrence, to read, S. B. 926, a bill to eliminate the requirement 
that the City of Asheboro and Counties of Scotland, Stanly, Union, and Richmond mail 
zoning notices, which is placed on the Calendar for tomorrow, July 8. 

S. B. 942, a bill to clarify the emergency medical technician certification process in 
Currituck County, for concurrence in House Amendment No. 1 changing the title, upon 
concurrence, to read, S. B. 942, a bill to clarify the emergency medical technician 



July 7, 1986 



I 



1986] ; ■- SENATE JOURNAL 195 

certification process in Currituck County and Dare County, which is placed on the 
Calendar for tomorrow, July 8. 

: H. B. 1588, a bill to require requests for consent to anatomical gifts. 
Referred to Human Resources Committee. 

H. B. 2103 (Committee Substitute), a bill to amend the insurance premium tax law. 
Referred to Finance Committee. 

H. J. R. 2123, a joint resolution repudiating the claim that the Wright Brothers did not 
make the first flight and expressing North Carolina's pride in the historic achievements of 
the Wright Brothers. 

On motion of Senator Basnight, the rules are suspended and the joint resolution is 
placed on the Calendar for Tuesday, July 8. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

H. B. 1594 (Committee Substitute), a bill to annex certain lands owned by the City of 
Rockingham to that City, upon third reading. 

The Committee Substitute bill passes its third reading by roll-call vote, ayes 38, noes 0, 
as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Cobb, Conder, Goldston, Guy, 
Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Johnson of Wake, Martin of Pitt, Martin of Guilford, Marvin, McDowell, 
Parnell, Plyler, Price, Rand, Rauch, Royall, Shaw, Smith, Soles, Somers, Speed, Staton, 
Swain, Tally, Thomas of Craven, Ward, Warren, Watt, Williams, and Winner — 38. 

Voting in the negative: None. 

The Committee Substitute bill is ordered enrolled. 

H. B. 1645 (Committee Substitute), a bill to permit the Town of Holly Springs to acquire 
property by the modified quick-take procedure of Chapter 40 A of the General Statutes, 
upon third reading. 

The Committee Substitute bill passes its third reading by roll-call vote, ayes 38, noes 0, 
as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Cobb, Conder, Goldston, Guy, 
Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Johnson of Wake, Martin of Pitt, Martin of Guilford, Marvin, McDowell, 
Parnell, Plyler, Price, Rand, Rauch, Royall, Shaw, Smith, Somers, Soles, Speed, Staton, 
Swain, Tally, Thomas of Craven, Ward, Warren, Watt, WilUams, and Winner — 38. 

Voting in the negative: None. 

The Committee Substitute bill is ordered enrolled. 

H. B. 1653, a bill authorizing Buncombe and Haywood Counties to levy an additional 
one percent room occupancy and tourism development tax, upon third reading. 
The bill passes its third reading by roll-call vote, ayes 38, noes 0, as follows: 
Voting in the affirmative: Senators Barnes, Basnight, Cobb, Conder, Goldston, Guy, 
Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Johnson of Wake, Martin of Pitt, Martin of Guilford, Marvin, McDowell, 
Parnell, Plyler, Price, Rand, Rauch, Royall, Shaw, Smith, Somers, Soles, Speed, Staton, 
Swain, Tally, Thomas of Craven, Ward, Warren, Watt, WilUams, and Winner— 38. 



July 7, 1986 



196 SENATE JOURNAL [Second Session 

Voting in the negative: None. 

The bill is ordered enrolled. ... 

H. B. 1677 (Committee Substitute), a bill to revise the Charter of the City of Clinton and 
establish the Clinton-Sampson Agri-Civic Center Commission, upon third reading. 

The Committee Substitute bill passes its third reading by roll-call vote, ayes 38, noes 0, 
as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Cobb, Conder, Goldston, Guy, 
Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Johnson of Wake, Martin of Pitt, Martin of Guilford, Marvin, McDowell, 
Parnell, Plyler, Price, Rand, Rauch, Royall, Shaw, Smith, Somers, Soles, Speed, Staton, 
Swain, Tally, Thomas of Craven, Ward, Warren, Watt, Williams, and Winner — 38. 

Voting in the negative: None. 

The Committee Substitute bill is ordered enrolled. 

H. B. 1548, a bill to authorize Camden County to levy an excise tax on instruments 
conveying real property in Camden County, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 37, noes 0, as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Cobb, Conder, Goldston, Guy, 
Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Johnson of Wake, Kaplan, Martin of Pitt, Martin of Guilford, Marvin, 
McDowell, Parnell, Plyler, Price, Rand, Rauch, Royall, Shaw, Smith, Somers, Speed, 
Staton, Swain, Tally, Ward, Warren, Watt, WilUams, and Winner — 87. 

Voting in the negative: None. 

The bill remains on the Calendar for further consideration upon third reading. 

H. B. 1649, a bill to allow Henderson County to levy a room occupancy and tourism 
development tax, upon second reading. 

On motion of Senator Thomas of Henderson, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second reading by roll-call vote, ayes 37, noes 0, as 
follows: 

Voting in the affirmative: Senators Barnes, Basnight, Cobb, Conder, Goldston, Guy, 
Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Johnson of Wake, Kaplan, Martin of Pitt, Martin of Guilford, Marvin, 
McDowell, Parnell, Plyler, Price, Rand, Rauch, Royall, Shaw, Smith, Somers, Speed, 
Staton, Swain, Tally, Ward, Warren, Watt, WilUams, and Winner — 37. 

Voting in the negative: None. 

The bill, as amended, remains on the Calendar for further consideration upon third 
reading. 

H. B. 1691, a bill to amend Article 1 of Chapter 118 of the General Statutes of North 
Carolina relating to the Firemen's ReUef Fund of the City of Kinston. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 1697, a bill to create and estabhsh the Kinston Firemen's Supplemental Retire- 
ment System for the classified firemen employees of the Fire Department of City of 
Kinston. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 



July 7, 1986 



1986] SENATE JOURNAL 197 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H. B. 1179 (Senate Committee Substitute), an act to restore the right of near relatives 
to assist voters, which was repealed by the 1985 Session. (Ch. 900) 

H. B. 1448, an act requiring that certain golf carts and battery chargers be considered a 
single article for sales tax purposes. (Ch. 901) 

H. B. 1475, an act to allow the City of Gastonia to enact local fair housing ordinances. 
(Ch. 902) 

H. B. 1477, an act to provide for the registration of land in Vance County and to prohibit 
hunting or the discharge of firearms without permission by persons on the registered land 
and on abutting portions of highway. (Ch. 903) 

H. B. 1507, an act to expand the membership of the Resources Development Commis- 
sion for Brunswick County. (Ch. 904) 

H. B. 1521, an act to permit the Town of Tarboro to increase its parking penalties. 
(Ch. 905) 

H. B. 1542, an act to authorize counties to levy additional one-half percent local sales 
and use taxes. (Ch. 906) 

H. B. 1600, an act relating to zoning by Wake County. (Ch. 907) 

H. B. 1606, an act to allow the County of Durham to participate in urban development 
projects. (Ch. 908) 

H. B. 1608, an act to extend the income tax personal exemption for paraplegics and 
similary disabled individuals to dependents who are paraplegic or similarly disabled. 
(Ch. 909). 

H. B. 1625, an act to permit the City of Wilmington, the Town of Farmville, the City of 
Salisbury, and Durham County to accept deeds to real property in payment of liens held 
by the City. (Ch. 910) 

H. B. 1629, an act to allow Lincoln County and municipalities located therein to engage 
in economic development activities. (Ch. 911) 

H. B, 1633, an act to authorize the City of Wilmington to construct streets outside the 
corporate Hmits. (Ch. 912) 

H. B. 1647, an act to regulate the shining of lights in deer areas in Columbus County. 
(Ch. 913) 

H. B. 1658, an act to raise the force account construction hmit for water and sewer 
projects of Union County. (Ch. 914) 

H. B. 1671, an act to revise the Charter of the Town of Hope Mills. (Ch. 915) 

H. B. 1675, an act to make Chapter 639 of the 1985 Session Laws apply to the Town of 
Tarboro. (Ch. 916) 



July 7, 1986 



198 SENATE JOURNAL [Second Session 

H. B. 1695 (Committee Substitute), an act to allow the New Hanover County Board of 
Education to convey at private sale the Peabody School to Headstart of New Hanover 
County. (Ch. 917) 

H. B. 2086, an act to amend the Employment Security Law in compliance with federal 
law regarding Federal-State extended unemployment compensation. (Ch. 918) 

H. B. 2105, an act to permit certain beautification districts to hold ABC elections. 
(Ch. 919) 

S. B. 685, an act to amend the Constitution of North Carolina to provide that midterm 
vacancy elections shall be held when the vacancy occurs at least sixty days before the 
election rather than at least thirty days before the election, so as to ease the administra- 
tion of elections. (Ch. 920) 

S. B. 910, an act to allow Edgecombe, Pitt, and Wilson Counties and municipalities 
located therein to engage in economic development activities. (Ch. 921) 

S. B. 931, an act to clarify the boundary Une between the Icard and George Hildebran 
Fire Districts in Burke County. (Ch. 922) 

S. B. 949, an act to authorize Swain County to levy a room occupancy and tourism 
development tax. (Ch. 923) 

S. B. 952, an act authorizing Forsyth County to levy an additional one percent room 
occupancy and tourism development tax. (Ch. 924) 

S. B. 1273, an act to provide that when a motor vehicle is transferred incident to 
organization of a partnership or corporation, and no gain or loss would be recognized for 
income tax purposes on such transfer, no sales tax is due on such transfer. (Ch. 925) 

S. B. 1300, an act to exempt State operated curb markets from certain food regulations. 
(Ch. 926) 

H. J. R. 2120, a joint resolution honoring the life and memory of George M. Wood. 
(Res. 53) 

S. J. R. 1299, a joint resolution authorizing the 1985 General Assembly, 1986 Session, 
to consider a bill to be entitled an act to provide that district judges shall be appointed 
within sixty days after nominations are submitted. (Res. 54) 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

Senator Goldston moves that Rule 40 be suspended to allow the introduction and 
referral to committee of the following bill, which motion prevails by a two-thirds majority 
vote. 

By Senator Goldston: 

S. B. 1307, a bill concerning consolidation of functions relating to the State Building 
Code. 
Referred to Ways and Means Committee. 



July 7, 1986 



1986] SENATE JOURNAL 199 

The Chair declares the Senate in recess for the purpose of committee meetings. 

RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable Robert B. 
Jordan III, Lieutenant Governor. 

CALENDAR (Continued) 

H. B. 1617, a bill authorizing Wayne County to extend the boundaries of a rural fire 
protection district, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 41, noes 0, as follows: 

Voting in the affirmative: Senators Barnes, Cobb, Conder, Ezzell, Goldston, Guy, 
Hardison, Harrington, Hipps, Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, 
Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDowell, 
Parnell, Plyler, Price, Rand, Rauch, Redman, Royall, Smith, Soles, Somers, Speed, 
Staton, Swain, Tally, Thomas of Craven, Walker, Ward, Warren, Watt, Williams, Win- 
ner, and Woodard — 41. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H. B. 1753, a bill to further provide for the separation of powers, as amended, upon 
third reading. 

The bill, as amended, passes its third reading by roll-call vote, ayes 42, noes 0, as 
follows: 

Voting in the affirmative: Senators Barnes, Cobb, Conder, Ezzell, Goldston, Guy, 
Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDowell, Par- 
nell, Plyler, Price, Rand, Rauch, Redman, Royall, Shaw, Smith, Soles, Somers, Speed, 
Staton, Swain, Tally, Thomas of Craven, Walker, Ward, Warren, Watt, WilUams, Win- 
ner, and Woodard — 42. 

Voting in the negative: None. 

The bill, as amended, is ordered sent to the House of Representatives for concurrence in 
Senate Amendment No. 2. 

H. B. 2092, a bill to authorize a bond issue to construct a parking deck behind the 
Albemarle Building, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 42, noes 0, as follows: 

Voting in the affirmative: Senators Barnes, Cobb, Conder, Ezzell, Goldston, Guy, 
Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDowell, Par- 
nell, Plyler, Price, Rand, Rauch, Redman, Royall, Shaw, Smith, Soles, Somers, Speed, 
Staton, Swain, Tally, Thomas of Craven, Walker, Ward, Warren, Watt, WilHams, Win- 
ner, and Woodard — 42. 

Voting in the negative: None. 

The bill is ordered enrolled. ^ 

H. B. 2114, a bill clarifying the inventory tax credits and reductions enacted by the Tax 
Reduction Act of 1985, upon third reading. 
The bill passes its third reading by roll-call vote, ayes 42, noes 0, as follows: 



July 7, 1986 



200 SENATE JOURNAL [Second Session 

Voting in the affirmative: Senators Barnes, Cobb, Conder, Ezzell, Goldston, Guy, 
Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDowell, Par- 
nell, Plyler, Price, Rand, Rauch, Redman, Royall, Shaw, Smith, Soles, Somers, Speed, 
Staton, Swain, Tally, Thomas of Craven, Walker, Ward, Warren, Watt, Williams, Win- 
ner, and Woodard — 42. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H. B. 952 (Committee Substitute), a bill to amend the statute concerning special plates 
for amateur radio operators, as amended, upon second reading. 

The Committee Substitute bill passes its second reading by roll-call vote, ayes 43, 
noes 0, as follows: 

Voting in the affirmative: Senators Barnes, Cobb, Conder, Ezzell, Goldston, Guy, 
Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, 
McDowell, Parnell, Plyler, Price, Rand, Rauch, Redman, Royall, Shaw, Smith, Soles, 
Somers, Speed, Staton, Swain, Tally, Thomas of Craven, Walker, Ward, Warren, Watt, 
Williams, Winner, and Woodard — 43. 

Voting in the negative: None. 

The Committee Substitute bill remains on the Calendar for further consideration upon 
third reading. 

H. B. 1004 (Senate Committee Substitute), a bill to authorize the Governor to appoint 
two student advisors to the State Board of Education, upon second reading. 

On motion of Senator Plyler, the Senate Committee Substitute bill is re-referred to the 
Appropriations Committee. 

H. B. 1970, a bill to increase the fees for community service, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 30, noes 15, as follows: 

Voting in the affirmative: Senators Basnight, Cobb, Guy, Hardison, Harris, Hipps, 
Hunt of Durham, Hunt of Moore, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, 
Marvin, Parnell, Plyler, Price, Rand, Rauch, Redman, Royall, Shaw, Smith, Soles, 
Speed, Staton, Thomas of Craven, Walker, Ward, Warren, and Williams — 30. 

Voting in the negative: Senators Barnes, Conder, Ezzell, Goldston, Harrington, John- 
son of Cabarrus, Martin of Guilford, McDowell, Sawyer, Somers, Swain, Tally, Watt, 
Winner, and Woodard — 15. 

The bill remains on the Calendar for further consideration upon third reading. 

S. B. 460 (Committee Substitute), a bill to classify property owned by a nonprofit 
residential retirement center and exclude this property from taxation, and to change the 
effective date of the Life Care Center Certificate of Need Modification Law. 

Senator Hipps offers Amendment No. 1 which fails of adoption (electronically re- 
corded). 

The Committee Substitute bill fails to pass its second reading (electronically recorded). 

S. J. R. 1296, a joint resolution repudiating the claim that the Wright Brothers did not 
make the first flight and expressing North Carohna's pride in the historic achievements of 
the Wright Brothers. 

On motion of Senator Basnight, consideration of the joint resolution is postponed until 
Tuesday, July 8. 



July 7, 1986 



1986] SENATE JOURNAL 201 

H. B. 883, a bill to expand the sales tax exemption for farm products to include all farm 
products sold by the producer of the products, regardless whether the producer is also a 
retail dealer, as amended. 

Without objection. Senator Barnes is excused from voting for the following reason: 
"possible conflict of interest." 

Senator Watt offers Amendment No. 2 which is adopted (electronically recorded). 

The bill, as amended, passes its second (electronically recorded) and third readings and 
is ordered sent to the House of Representatives for concurrence in Senate Amendments 
No. 1 and No. 2. 

H. B. 1580, a bill making clarifying amendments to the gasoline, special fuel, and 
highway use tax statutes, upon third reading. 
The bill passes its third reading (electronically recorded) and is ordered enrolled. 

S. B. 180 (House Committee Substitute), a bill to change the date of the Presidential 
Preference Primary to the second Tuesday in March, so as to allow for a Southern 
Regional Presidential Primary, for concurrence in the House Committee Substitute bill. 

On motion of Senator Rand, the Senate concurs in the House Committee Substitute bill 
(electronically recorded), and the bill is ordered enrolled. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Staton for the Judiciary II Committee: 

H. B. 1458 (Committee Substitute), a bill to create a Joint Legislative Commission on 
Municipal Incorporations, to review proposals to incorporate new municipalities, with a 
favorable report. 

CALENDAR (Continued) 

H. B. 1562 (Committee Substitute), a bill to make omnibus amendments concerning 
local governments in Orange and Chatham Counties, upon third reading. 

The Committee Substitute bill passes its third reading by roll-call vote, ayes 45, noes 0, 
as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Cobb, Conder, Ezzell, Goldston, 
Guy, Hardison, Harrington, Harris, Hunt of Durham, Hunt of Moore, Johnson of Cabar- 
rus, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, 
McDowell, Parnell, Plyler, Price, Rand, Rauch, Redman, Royall, Sawyer, Shaw, Simp- 
son, Smith, Soles, Somers, Speed, Staton, Swain, Tally, Thomas of Craven, Walker, 
Ward, Warren, Watt, Williams, Winner, and Woodard — 45. 

Voting in the negative: None. 

The Committee Substitute bill is ordered enrolled. ^■ 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 



July 7, 1986 



202 SENATE JOURNAL [Second Session 

By Senator Marvin for the Pensions and Retirement Committee: 

S. B. 1301, a bill to change the effective date for the commencement of benefits from the 
Sheriffs' Supplemental Pension Fund from July to January of each year and to cause any 
excess assets of Fund to be transferred to the Supplemental Retirement Income Plan for 
other local governmental law enforcement officers, with a favorable report. 

On motion of Senator Rand, the rules are suspended and the bill is placed before the 
Senate for immediate consideration. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives, without objection, by special messenger. 

The President recognizes the following pages serving in the Senate this week: Rebecca 
Blackman, Selma; Laurie Bowman, Burlington; Brandon Britt, Wilmington; Sheila Ann 
Chalk, Raleigh; Hallack Cooper, Morehead City; Tracey Cooper, Morehead City; Stepha- 
nie Goff, Raeford; Myckel Goode, Kernersville; Matthew Hedt, Concord; Charles S. 
Heilig III, Greensboro; Ivy Johnson, Raleigh; George Smithson Lambert, Raleigh; 
Kimberly Leggett, Rocky Mount; Tim Moore, Kings Mountain; Bradley Kyle Murdock, 
Marion; Michelle Marie Nolin, Morehead City; Kimberly Ruth Owens, Burnsville; Shana 
Redd, Hamptead; Donna Maria Robinson, Micaville; Barissa Rodgers, Raleigh; Minion- 
ette Rodgers, Raleigh; Phillip Graham Rose, Warsaw; Jeff Snell, Virginia; Jeff 
Spainhour, Raleigh; Robert Edward Tripp IV, Raleigh; Angela Weaver, Jacksonville; 
Charlotte Weaver, Fuquay-Varina; and Kisa Willis, New Bern. 

On motion of Senator Johnson of Wake, seconded by Senator Swain, the Senate 
adjourns in memory of Russell VanLandingham, former Senator from Davidson County, 
to meet Tuesday, July 9, at 1:30 P.M. 



ONE HUNDRED FORTY-SECOND DAY " 

Senate Chamber, 
Tuesday, July 8, 1986. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by the Reverend James H. Miller, Minister of the First United 
Methodist Church, Cary, as follows: 

"Eternal God, as we go to the water fountain because we thirst and it is a source of 
water, so we turn to You at the beginning of this session because we need wisdom and You 
are the Source of Wisdom. As yesterday's water is not sufficient for today, so we turn to 
You for guidance for facing today's issues and in making today's decisions. In Your 
creation, You have endowed us with wisdom, compassion, a sense of justice, and knowl- 
edge of right and wrong. Grant, God, that the members of this Body may be so in tune 
with Your will and way that they may be able to resist the many pressures upon them from 
every direction and enact legislation that will be good for the State of North Carolina and 
the well-being of its people. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

July 8, 1986 



1986] SENATE JOURNAL 203 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Marvin, Rauch, and Harris: 

S. B. 1305, a bill to provide that district judges shall be appointed within sixty days after 
nominations are submitted. 
On motion of Senator Marvin the bill is placed on the Calendar for Wednesday, July 9. 

By Senator Harris: 

S. B. 1306, a bill to make a technical amendment to G. S. 143-215.1. 
Referred to Human Resources Committee. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

S. B. 249 (House Committee Substitute), a bill requiring persons who represent 
themselves as certified therapeutic recreation specialists or certified therapeutic recrea- 
tion assistants to meet certain standards, for concurrence in the House Committee 
Substitute bill which is placed on the Calendar for Wednesday, July 9. 

S. B. 613, a bill to increase the punishments for various offenses involving animals, for 
concurrence in the House Committee Substitute bill changing the title, upon concurrence, 
to read, S. B. 613 (House Committee Substitute), a bill to increase the punishments for 
various offenses involving animals, and to create new offenses involving animal fighting 
and baiting, which is placed on the Calendar for Wednesday, July 9. 

S. B. 878, a bill extending the date by which Craven County may appoint a special board 
of equalization and review, for concurrence in the House Committee Substitute bill, 
changing the title, upon concurrence, to read, S. B. 878 (House Committee Substitute), a 
bill extending the date by which Craven County may appoint a special board of equaliza- 
tion and review and the date by which the board must complete its work, which is placed 
on the Calendar for Wednesday, July 9. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Rauch for the Finance Committee: 

H. B. 1692, a bill authorizing New Hanover County to levy an additional one percent 
room occupancy and tourism development tax, and to adjust the distribution of occupancy 
tax revenue in New Hanover County, with a favorable report. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 



July 8, 1986 



204 SENATE JOURNAL [Second Session 

H. B. 1548, a bill to authorize Camden County to levy an excise tax on instruments 
conveying real property in Camden County, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 39, noes 2, as follows: 

Voting in the affirmative: Senators Ballenger, Basnight, Cobb, Conder, Goldston, 
Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, 
McDowell, McDuffie, Parnell, Plyler, Price, Ranch, Royall, Smith, Somers, Speed, 
Staton, Swain, Taft, Tally, Thomas of Craven, Ward, Warren, Watt, Wilhams, Winner, 
and Woodard — 39. 

Voting in the negative: Senators Sawyer and Simpson — 2. 

The bill is ordered enrolled. 

H. B. 1649, a bill to allow Henderson County to levy a room occupancy and tourism 
development tax, as amended, upon third reading. 

The bill, as amended, passes its third reading by roll-call vote, ayes 40, noes 1, as 
follows: 

Voting in the affirmative: Senators Ballenger, Basnight, Cobb, Conder, Goldston, 
Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, 
McDowell, McDuffie, Parnell, Plyler, Price, Ranch, Royall, Simpson, Smith, Somers, 
Speed, Staton, Swain, Taft, Tally, Thomas of Craven, Ward, Warren, Watt, Wilhams, 
Winner, and Woodard — 40. 

Voting in the negative: Senator Sawyer — 1, 

The bill, as amended, is ordered sent to the House of Representatives for concurrence in 
Senate Amendment No. 1. 

S. B. 926, a bill to eliminate the requirement that the City of Asheboro and Counties of 
Anson, Montgomery, Scotland, Stanly, Union, Gaston, Lincoln, Cleveland and Ruther- 
ford mail zoning notices, for concurrence in House Amendments No. 1 and No. 3. 

On motion of Senator Walker, the Senate concurs in House Amendments No. 1 and 
No. 3 (electronically recorded), and the bill is ordered enrolled. 

S. B. 942, a bill to clarify the emergency medical technician certification process in 
Currituck County, for concurrence in House Amendment No. 1. 

On motion of Senator Basnight, the Senate concurs in House Amendment No. 1 
(electronically recorded), and the bill is ordered enrolled. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S. B. 180 (House Committee Substitute), an act to change the Presidential Preference 
Primary to the second Tuesday in March, so as to allow for a Southern Regional Presi- 
dential Primary. (Ch. 927) 

S. B. 879 (Committee Substitute), an act to make substantive changes in laws regard- 
ing insurance taxes and fees as recommended by the Insurance Regulation Study Com- 
mission. (Ch. 928) 

S. B. 896, an act to allow the levy of a room occupancy and tourism development tax in 
the Cities of Conover, Goldsboro, Henderson ville, and Hickory. (Ch. 929) 



July 8, 1986 



1986] SENATE JOURNAL 205 

S. B. 918 (Committee Substitute), an act to make changes in procedures for levy of the 
Statesville occupancy tax. (Ch. 930) 

S. B. 925, an act to amend the application fee and cost recovery provisions related to the 
IV-D child support program. (Ch. 931) 

H. B. 170 (Senate Committee Substitute), an act to provide additional remedies for 
violations of the Open Meetings Law. (Ch. 932) 

H. B. 306 (Senate Committee Substitute), an act to amend Article V of the Constitution 
of North Carolina to permit the General Assembly to grant to the State and other public 
bodies in the State additional powers to develop new and existing seaports and airports, 
including powers to finance and refinance for public and private parties seaport and 
airport and related facilities and improvements. (Ch. 933) 

H. B. 1459, an act to make the definition of a city the same under the city and county 
laws, and to conform to an attorney general's opinion as to the eligibility of cities 
incorporated before 1945 for Powell Bill allocations. (Ch. 934) 

H. B. 1460, an act to require cities and counties to file certified true copies of Home Rule 
Charter Amendments with the Secretary of State and the Legislative Library. (Ch. 935) 

H. B. 1562 (Committee Substitute), an act to make omnibus amendments concerning 
local governments in Orange and Chatham Counties. (Ch. 936) 

H. B. 1580, an act making clarifying amendments to the gasoline, special fuel, and 
highway use tax statutes. (Ch. 937) 

H. B. 1634, an act to remove certain described territory from the corporate limits of the 
Town of Spruce Pine. (Ch. 938) 

H. B. 1594 (Committee Substitute), an act to annex certain lands owned by the City of 
Rockingham to that City. (Ch. 939) 

H. B. 1617, an act authorizing Wayne County to extend the boundaries of a rural fire 
protection district. (Ch. 940) 

H. B. 1645 (Committee Substitute), an act to permit the Town of Holly Springs to 
acquire property by the modified quick-take procedure of Chapter 40A of the General 
Statutes. (Ch. 941) 

H. B. 1653, an act authorizing Buncombe and Haywood Counties to levy an additional 
one percent room occupancy and tourism development tax. (Ch. 942) 

H. B. 1677 (Committee Substitute), an act to revise the Charter of the City of Clinton 
and establish the Clinton-Sampson Argi-Civic Center Commission. (Ch. 943) 

H. B. 1691, an act to amend Article 1 of Chapter 118 of the General Statutes of North 
Carolina relating to the Firemen's Relief Fund of the City of Kinston. (Ch. 944) 

H. B. 1697, an act to create and establish the Kinston Firemen's Supplemental Retire- 
ment System for the classified firemen employees of the Fire Department of City of 
Kinston. (Ch. 945) 



July 8, 1986 



206 SENATE JOURNAL [Second Session 

H. B. 2092, an act to authorize a bond issue to construct a parking deck behind the 
Albemarle Building. (Ch. 946) 

H. B. 2114, an act clarifying the inventory tax credits and reductions enacted by the Tax 
Reduction Act of 1985. (Ch. 947) 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: , . 

By Senator Soles for the Judiciary IV Committee: 

H. B. 2084, a bill to clarify the authority to transfer rights in hospital facilities to an 
AHEC Program, with a favorable report. 
On motion of Senator Barnes, the bill is re-referred to the Judiciary I Committee. 

H. B. 1524, a bill to provide that an Assistant District Attorney may not concurrently 
hold elective public office, with a favorable report, as amended. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H. J. R. 2132, a joint resolution authorizing the 1985 General Assembly, 1986 Session, 
to consider a bill to be entitled an act to amend Chapters 53 and 54B of the General 
Statutes to provide for supervisory acquisition of a savings and loan association by a 
commercial bank chartered pursuant to the provisions hereof. 

On motion of Senator Hardison, the rules are suspended, and the joint resolution is 
placed on the Calendar for immediate consideration. 

Without objection, the following Senators are excused from voting for the stated 
reasons: 

Senator Soles: "Potential conflict of interest as a board member and chairman of savings 
and loan." 

Senator Taft: "Prior ownership of stock in a savings and loan." 

The joint resolution passes its second (electronically recorded) and third readings and is 
ordered enrolled. 

CALENDAR (Continued) . sJ i? 

H. B. 842 (Senate Committee Substitute), a bill to improve the administration of the 
property tax, upon third reading. 

On motion of Senator Kaplan, the Senate Committee Substitute bill is re-referred to the 
Ways and Means Committee (electronically recorded). 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: ; ' - ■ 

H. J. R. 2132, a joint resolution authorizing the 1985 General Assembly, 1986 Session, 
to consider a bill to be entitled an act to amend Chapters 53 and 54B of the General 



July 8, 1986 



1986] SENATE JOURNAL 207 

Statutes to provide for supervisory acquisition of a savings and loan association by a 
commercial bank chartered pursuant to the provisions hereof. (Res. 55) 

CALENDAR (Continued) 

H. B. 952 (Committee Substitute), a bill to amend the statute concerning special plates 
for amateur radio operators, as amended, upon third reading. 

The Committee Substitute bill, as amended, passes its third reading by roll-call vote, 
ayes 43, noes 0, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Cobb, Conder, Ezzell, Goldston, 
Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Huntof Moore, Johnson of 
Cabarrus, Kincaid, Martin of Guilford, Marvin, McDowell, Parnell, Plyler, Price, Rand, 
Rauch, Redman, Royall, Simpson, Smith, Soles, Somers, Speed, Staton, Swain, Taft, 
Tally, Thomas of Craven, Thomas of Henderson, Walker, Ward, Warren, Watt, Wilhams, 
Winner, and Woodard — 43. 

Voting in the negative: None. 

The Committee Substitute bill, as amended, is ordered sent to the House of Repre- 
sentatives for concurrence in Senate Amendment No. 1. 

H. B. 1970, a bill to increase the fees for community service, upon third reading. 
On motion of Senator Rand, consideration of the bill is postponed until Wednesday, 
July 9. 

H. B. 648 (Committee Substitute), a bill to amend G. S. 6-21.1 to raise the judgment 
limit to ten thousand dollars, upon second reading. 

On motion of Senator Barnes, Committee Amendment No. 1 is adopted. 

The Committee Substitute bill, as amended, passes its second reading by roll-call vote, 
ayes 43, noes 4, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Cobb, Conder, Ezzell, 
Goldston, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Kap- 
lan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDowell, McDuffie, Parnell, 
Plyler, Rand, Rauch, Royall, Sawyer, Simpson, Soles, Somers, Speed, Staton, Swain, 
Taft, Tally, Thomas of Craven, Thomas of Henderson, Walker, Ward, Warren, Watt, 
Williams, Winner, and Woodard — 43. 

Voting in the negative: Senators Price, Redman, Shaw and Smith — 4. 

The Committee Substitute bill, as amended, remains on the Calendar for further 
consideration upon third reading. 

S. J. R. 1296, a joint resolution repudiating the claim that the Wright Brothers did not 
make the first flight and expressing North CaroUna's pride in the historic achievements of 
the Wright Brothers. 

The joint resolution unanimously passes its second (electronically recorded) and third 
readings and is ordered, without objection, sent to the House of Representatives by 
special messenger. 

H. B. 759, a bill to validate certain judgments of divorce entered upon any of the 
grounds abolished by Chapter 613 of the 1983 Session Laws As Amended by Section 
217(0) of Chapter 923 of the 1983 Session Laws as recommended by the General Statutes 
Commission. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 



July 8, 1986 



208 SENATE JOURNAL [Second Session 

H. B. 1458 (Committee Substitute), a bill to create a Joint Legislative Commission on 
Municipal Incorporations, to review proposals to incorporate new municipalities. 

Senator Staton offers Amendment No. 1 which is adopted (electronically recorded). 

On motion of Senator Rand, the Committee Substitute bill, as amended, is re-referred 
to the Appropriations Committee. 

H. B. 2109, a bill to transfer certain property of the Juvenile Evaluation Center in 
Buncombe County to the Buncombe County Board of Education to use as part of a high 
school campus. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. J. R. 2123, a joint resolution repudiating the claim that the Wright Brothers did not 
make the first flight and expressing North Carolina's pride in the historic achievements of 
the Wright Brothers. 

On motion of Senator Basnight, the joint resolution is re-referred to the Rules and 
Operation of the Senate Committee. 

S. B. 303 (House Committee Substitute), a bill to amend the General Statutes to 
establish procedures for withholding from wages and other income in child support cases 
as required by federal law, for concurrence in the House Committee Substitute bill. 

On motion of Senator Marvin, the Senate concurs (electronically recorded) in the House 
Committee Substitute bill, and the bill is ordered enrolled. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Ezzell for the Local Government and Regional Affairs Committee: 

H. B. 1676, a bill relating to the leasing of property acquired by the Town of Tarboro in 
connection with the execution of community development projects, with a favorable 
report. 

H. B. 1696, a bill to require haulers of trash, garbage or rubble to cover the loads, with a 
favorable report. 

H. B. 1690, a bill to permit the Town of Nags Head to regulate building construction to 
prevent fire hazards, with an unfavorable report as to bill, but favorable as to Senate 
Committee Substitute bill. 

On motion of Senator Ezzell, the rules are suspended and the Senate Committee 
Substitute bill which changes the title to read, H. B. 1690 (Senate Committee Substitute), 
a bill to permit towns in Dare County to enact certain fire prevention ordinances, is placed 
before the Senate for immediate consideration. 

On motion of Senator Ezzell, the Senate Committee Substitute bill is adopted, and on 
his further motion is placed on the Calendar for Wednesday, July 9. 

By Senator Barnes for the Judiciary I Committee: / ' ' 

S, B. 1295, a bill to make technical and conforming amendments to the Administrative 



July 8, 1986 



1986] SENATE JOURNAL 209 

Procedure Act, with an unfavorable report as to bill, but favorable report as to Committee 
Substitute bill. 

On motion of Senator Barnes, the rules are suspended and the Committee Substitute 
bill is placed before the Senate for immediate consideration. 

On motion of Senator Barnes, the Committee Substitute bill is adopted, and on his 
further motion is placed on the Calendar for Wednesday, July 9. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

S. B. 909, a bill to authorize the City of Wilson to purchase natural gas by using informal 
bid procedures, for concurrence in House Amendments No. 1 and No. 2 changing the title 
to read, upon concurrence, S. B. 909, a bill to authorize the City of Wilson, the City of 
Kings Mountain and the City of Bessemer City to purchase natural gas by using informal 
bid procedures, which is placed on the Calendar for Wednesday, July 9. 

S. B. 948, a bill authorizing several of the western counties and Durham County to levy 
a room occupancy and tourism development tax, for concurrence in House Amendments 
No. 1 and No. 2 which is placed on the Calendar for Wednesday, July 9, upon second 
reading, 

H. B. 1557 (Committee Substitute), a bill to incorporate the Town of Pleasant Hill. 
Referred to Local Government and Regional Affairs Committee. 

The Chair declares the Senate in recess until 3:30 P.M. for the purpose of committee 
meetings. 

AFTERNOON SESSION— 3:30 P.M. 

The Senate meets pursuant to recess and is called to order by the Honorable Robert B. 
Jordan HI, Lieutenant Governor. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H. B. 2133, an act to amend Chapters 53 and 54B of the General Statutes to provide for 
supervisory acquisition of a savings and loan association by a commercial bank chartered 
pursuant to the provisions hereof. 

On motion of Senator Hardison, the rules are suspended and the bill is placed before the 
Senate for immediate consideration. 

Without objection, the following Senators are excused from voting for the stated 
reasons: 

Senator Hardison: "Out of an abundance of caution." 

Senator Taft: "Prior ownership of stock." 

Senator Soles: "Potential conflict of interest as a board member and chairman of a 
savings and loan." 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

Senator Rand requests to be recorded voting "aye" on third reading. 



July 8, 1986 



210 SENATE JOURNAL [Second Session 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H. B. 2133, an act to amend Chapters 53 and 54B of the General Statutes to provide for 
supervisory acquisition of a savings and loan association by a commercial bank chartered 
pursuant to the provisions hereof. (Ch, 948) 

On motion of Senator Harrington, seconded by Senator Watt, the Senate adjourns to 
meet tomorrow, Wednesday, July 9, at 1:30 P.M. 



ONE HUNDRED FORTY-THIRD DAY 

Senate Chamber, 
Wednesday, July 9, 1986. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. , 

Prayer is offered by Dr. Samuel D. McMillan, Jr. , Senate Chaplain, as follows: 

"0 God of the Nations, we thank Thee for the President of these United States, for the 
Governor of our great State, for the Presiding Officer of the North Carolina Senate, for 
the law enforcement officers of our State, and for all others who devote their time, energy, 
and influence in creative and productive ways in the political process. 

"0 God of Comfort, we pray Thee to be very near and dear to Mrs. John East, to the 
family of Len Bias, to the family of Admiral Rickover, to the sister of Kate Smith, and to 
all others who have lost loved ones. Lead them beside the still waters, give them Thy 
peace, and bring them up from grief. 

"0 God of Integrity, be with us in the closing days of this short session of the General 
Assembly. As we deal with controversial and politically sensitive issues, give us the 
courage to stand up for our convictions and yet help us to know when to compromise so 
that a consensus can be reached on bills vital to the welfare of our State. 

"All this we ask in the name of our God who says, 'Come let us reason together.' Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence to Senator Ballenger for today. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S. B. 303 (House Committee Substitute), an act to amend the General Statutes to 
establish procedures for withholding from wages and other income in child support cases 
as required by federal law. (Ch. 949) 



July 9, 1986 



1986] SENATE JOURNAL 211 

S. B. 926, an act to eliminate the requirement that the City of Asheboro and Counties of 
Scotland, Stanly, Union, and Richmond mail zoning notices. (Ch. 950) 

S. B. 942, an act to clarify the emergency medical technician certification process in 
Currituck County and Dare County. (Ch. 951) 

H. B. 759, an act to validate certain judgments of divorce entered upon any of the 
grounds abolished by Chapter 613 of the 1983 Session Laws As Amended by Section 
217(0) of Chapter 923 of the 1983 Session Laws as recommended by the General Statutes 
Commission. (Ch. 952) 

H. B. 883, an act to expand the sales tax exemption for farm products to include all farm 
products sold by the producer of the products, regardless whether the producer is also a 
retail dealer. (Ch. 953) 

H. B. 1548, an act to authorize Camden County to levy an excise tax on instruments 
conveying real property in Camden County. (Ch. 954) 

H. B. 1753, an act to further provide for the separation of powers. (Ch. 955) 

H. B. 2109, an act to transfer certain property of the Juvenile Evaluation Center in 
Buncombe County to the Buncombe County Board of Education to use as part of a high 
school campus. (Ch. 956) 

S. B. 893, an act to eliminate numbered seats for election of judges of the superior court 
to meet objections under Section 5 of the Voting Rights Act. (Ch. 957) 

S. J. R. 1297, a joint resolution honoring the life and memory of John P. East. (Res. 56) 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Ezzell for the Local Government and Regional Affairs Committee: 

H. B. 1557, a bill to incorporate the Town of Pleasant Hill, with a favorable report. 

By Senator Harris for the Human Resources Committee: 

S. B. 1306, a bill to make a technical amendment to G. S. 143-215.1, with a favorable 
report. 

By Senator Royall for the Ways and Means Committee: 

S. B. 1307, a bill concerning consolidation of functions relating to the State Building 
Code, with a favorable report. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

S. B. 866 (Committee Substitute No. 2), a bill to provide roads to the future, for 
concurrence in the House Committee Substitute bill. 



July 9, 1986 



212 SENATE JOURNAL [Second Session 

On motion of Senator Redman, the rules are suspended, and the House Committee 
Substitute bill which changes the title to read, upon concurrence, S. B. 866 (House 
Committee Substitute), a bill to provide roads to the future, and to classify household 
personal property and exclude it from property taxes, is placed before the Senate for 
immediate consideration. 

Senator Redman, moves that the Senate do not concur in the House Committee 
Substitute bill and further moves that the President appoint conferees, which motions 
prevail. 

The President appoints Senators Warren, Redman, Ranch, Martin of Guilford and 
Thomas of Henderson as conferees on the part of the Senate to resolve the differences 
arising between the two Bodies, and a message is ordered sent to the House of Repre- 
sentatives informing that Honorable Body of such action and requesting conferees. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

H. B. 1692, a bill authorizing New Hanover County to levy an additional one percent 
room occupancy and tourism development tax, and to adjust the distribution of occupancy 
tax revenue in New Hanover County, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 46, noes 0, as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Cobb, Conder, Ezzell, Goldston, 
Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDowell, 
McDuffie, Parnell, Plyler, Price, Rand, Rauch, Redman, Royall, Sawyer, Shaw, Simp- 
son, Smith, Soles, Somers, Speed, Staton, Swain, Taft, Tally, Thomas of Craven, 
Walker, Warren, Watt, Williams, Winner, and Woodard — 46. 

Voting in the negative: None. 

The bill remains on the Calendar for further consideration upon third reading. 

H. B. 1676, a bill relating to the leasing of property acquired by the Town of Tarboro in 
connection with the execution of community development projects. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 1690 (Senate Committee Substitute), a bill to permit towns in Dare County to 
enact certain fire prevention ordinances. 

The Senate Committee Substitute bill passes its second (electronically recorded) and 
third readings and is ordered sent to the House of Representatives for concurrence in the 
Senate Committee Substitute bill. 

H. B. 1696, a bill to require haulers of trash, garbage or rubble to cover the loads. 
The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

S. B. 948, a bill authorizing several of the western counties and Durham County to levy 
a room occupancy and tourism development tax, for concurrence in House Amendments 
No. 1 and No. 2, upon second reading. 

On motion of Senator Hipps, the Senate concurs in House Amendments No. 1 and No. 2, 
upon second reading, by roll-call vote, ayes 46, noes 0, as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Conder, Ezzell, Goldston, Guy, 



July 9, 1986 



1986] SENATE JOURNAL 213 

Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDowell, 
McDuffie, Parnell, Plyler, Price, Rand, Rauch, Redman, Royall, Sawyer, Shaw, Simp- 
son, Smith, Soles, Somers, Speed, Staton, Swain, Taft, Tally, Thomas of Craven, 
Walker, Ward, Warren, Watt, Williams, Winner, and Woodard — 46. 

Voting in the negative: None. 

The bill, as amended, remains on the Calendar for further consideration upon third 
reading. 

S. B. 878 (House Committee Substitute), a bill extending the date by which Craven 
County may appoint a special board of equalization and review and the date by which the 
board must complete its work, for concurrence in the House Committee Substitute bill. 

On motion of Senator Thomas of Craven, the Senate concurs in the House Committee 
Substitute bill (electronically recorded), and the bill is ordered enrolled. 

S. B. 909, a bill to authorize the City of Wilson to purchase natural gas by using informal 
bid procedures, for concurrence in House Amendments No. 1 and No. 2, which change the 
title upon concurrence to read, S. B. 909, a bill to authorize the City of Wilson, the City of 
Kings Mountain and the City of Bessemer City to purchase natural gas by using informal 
bid procedures. 

On motion of Senator Martin of Pitt, the Senate concurs in House Amendments No. 1 
and No. 2 (electronically recorded), and the bill is ordered enrolled, 

H. B. 648 (Committee Substitute), a bill to amend G. S. 6-21.1 to raise the judgment 
limit to ten thousand dollars, as amended, upon third reading. 

The Committee Substitute bill, as amended, passes its third reading by roll-call vote, 
ayes 45, noes 3, as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Cobb, Conder, Ezzell, Goldston, 
Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, 
McDowell, McDuffie, Parnell, Plyler, Rand, Rauch, Royall, Sawyer, Simpson, Smith, 
Soles, Somers, Speed, Staton, Swain, Taft, Tally, Thomas of Craven, Walker, Ward, 
Warren, Watt, Williams, Winner, and Woodard — 45. 

Voting in the negative: Senators Price, Redman, and Shaw — 3. 

The Committee Substitute bill, as amended, is ordered sent to the House of Repre- 
sentatives for concurrence in Senate Amendment No. 1. 

S. B. 1295 (Committee Substitute), a bill to make technical and conforming amend- 
ments to the Administrative Procedure Act. 

Senator Barnes offers Amendment No. 1 which is adopted (electronically recorded). 

The Committee Substitute bill, as amended, passes its second reading (electronically 
recorded). 

On objection of Senator Cobb to its third reading, the Committee Substitute bill, as 
amended, remains on the Calendar for further consideration. 

S. B. 1305, a bill to provide that district judges shall be appointed within sixty days after 
nominations are submitted. 

The bill passes its second reading (electronically recorded). 

On objection of Senator Cobb to its third reading, the bill remains on the Calendar for 
further consideration. 



July 9, 1986 



214 SENATE JOURNAL [Second Session 

H. B. 1524, a bill to provide that an Assistant District Attorney may not concurrently 
hold elective public office. 

On motion of Senator Soles, Committee Amendment No. 1 is adopted. 

Senator Soles calls the previous question, seconded by Senator Harris. The call is 
sustained. 

The bill fails to pass its second reading (electronically recorded). 

S. B. 249 (House Committee Substitute), a bill requiring persons who represent 
themselves as certified therapeutic recreation specialists or certified therapeutic recrea- 
tion assistants to meet certain standards, for concurrence in the House Committee 
Substitute bill. 

On motion of Senator Woodard, the Senate concurs in the House Committee Substitute 
bill (electronically recorded), and the bill is ordered enrolled. 

S. B. 613 (House Committee Substitute), a bill to increase the punishments for various 
offenses involving animals and to create new offenses involving animal fighting and 
baiting, for concurrence in the House Committee Substitute bill. 

On motion of Senator Harris, the Senate concurs in the House Committee Substitute 
bill (electronically recorded), and the bill is ordered enrolled. 

H. B. 1970, a bill to increase the fees for community service, upon third reading. 

Senator Rand offers Amendment No. 1 which is adopted (electronically recorded). 

The bill, as amended, passes its third reading by roll-call vote, ayes 24, noes 23, as 
follows: 

Voting in the affirmative: Senators Basnight, Goldston, Hardison, Harris, Hipps, Hunt 
of Moore, Kaplan, Kincaid, Martin of Pitt, Marvin, McDuffie, Plyler, Price, Rand, Rauch, 
Redman, Royall, Simpson, Smith, Staton, Thomas of Craven, Walker, Warren, and 
Williams— 24. 

Voting in the negative: Senators Barnes, Conder, Ezzell, Guy, Harrington, Hunt of 
Durham, Johnson of Cabarrus, Martin of Guilford, McDowell, Parnell, Sawyer, Shaw, 
Soles, Somers, Speed, Swain, Taft, Tally, Thomas of Henderson, Ward, Watt, Winner, 
and Woodard— 23. 

The bill, as amended, is ordered sent to the House of Representatives for concurrence in 
Senate Amendment No. 1. 

CONFERENCE REPORT f 

S. B. 950 

Senator Hipps for the Conferees appointed to consider the differences arising between 
the Senate and House of Representatives upon S. B. 950, a bill to authorize Haywood and 
Henderson Counties to adopt "pre-development ordinances," submits the following Re- 
port: 

To the President of the Senate and the - . . ■., 

Speaker of the House of Representatives: 

We, your conferees, appointed to resolve the differences arising between the Senate 
and the House of Representatives on Senate Bill 950 (2nd edition), A BILL TO BE 
ENTITLED AN ACT TO AUTHORIZE HAYWOOD AND HENDERSON COUN- 
TIES TO ADOPT "PRE-DEVELOPMENT ORDINANCES", wish to report as follows: 



July 9, 1986 



1986] SENATE JOURNAL 215 

The House recedes from Amendment #1 and the House and Senate agree to the 
following amendment: 
on page 4, line 13, by deleting the word "and" and substituting the word "or". 

To this end, the conferees recommend that the Senate and House of Representatives 
adopt the foregoing report. 

This the day of 

S/ Charles Hipps S/ Charles M. Be all 

S/R. P. Thomas S/ Ray Fletcher 

S/ Anthony E. Rand S/ Richard Wright 

Conferees for the Senate Conferees for the 

House of Representatives 

On motion of Senator Hipps, the Conference Report is adopted (electronically re- 
corded), and a message is ordered sent to the House of Representatives informing that 
Honorable Body of such action. 

WITHDRAWAL FROM COMMITTEE 

H. B. 1190 (Committee Substitute), a bill to estabUsh policies to preserve farmland. 

On motion of Senator Barnes, the rules are suspended, without objection, and the 
Committee Substitute bill is taken from the Agriculture Committee and re-referred to 
the Judiciary I Committee. 

On motion of Senator Harrington, seconded by Senator Price, the Senate adjourns to 
meet tomorrow, Thursday, July 10, at 1:30 P.M. 



ONE HUNDRED FORTY-FOURTH DAY 

Senate Chamber, 
Thursday, July 10, 1986. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by the Reverend Michelle Wellons, Minister of Morningstar United 
Methodist Church, Raleigh, as follows: 

"0 God, our Creator, Redeemer and Sustainer, unless You build the house, its builders 
will have toiled in vain. Unless You watch over the city, in vain the watching one stands on 
guard. 

"Look with mercy upon this company of Your children, that our labors may be crowned 
by Your grace. Help us to be diligent in our calling and bind us together through our 
common responsibilities. Give us the spirit of forbearance with one another, teaching us to 
forgive one another as You have forgiven us. Help us to do the duty which each hour and 
day demands of us, but grant us grace also to have a vision of the constancy of Your will 
above the chances and changes of our mortal life. Let us not be tempted by our positions to 



July 10, 1986 



216 SENATE JOURNAL [Second Session 

estimate ourselves too highly. Grant that Your strength may be made perfect in weak- 
ness. Guide us that Your realm of justice and peace may be established on earth. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S. B. 878 (House Committee Substitute), an act extending the date by which Craven 
County may appoint a special board of equalization and review and the date by which the 
board must complete its work. (Ch. 958) 

S. B. 909, an act to authorize the City of Wilson, the City of Kings Mountain, and the 
City of Bessemer City, to purchase natural gas by using informal bid procedures. 
(Ch. 959) 

H. B. 86 (Senate Committee Substitute), an act to authorize the court to extend a peri- 
od of probation to allow the defendant to complete payment of restitution or continue 
treatment and to clarify parole eligibility. (Ch. 960) 

H. B. 952 (Committee Substitute), an act to amend the statute concerning special 
plates for amateur radio operators. (Ch. 961) 

H. B. 1649, an act to allow Henderson County to levy a room occupancy and tourism 
development tax. (Ch. 962) 

H. B. 1676, an act relating to the leasing of property acquired by the Town of Tarboro in 
connection with the execution of community development projects. (Ch. 963) 

H. B. 1696, an act to require haulers of trash, garbage or rubble to cover the loads. 
(Ch. 964) 

H. B. 2019, an act to amend Chapter 661 of the 1985 Session Laws to provide changes 
only with respect to projects wholly self-liquidating. (Ch. 965) 

S. B. 249 (House Committee Substitute), an act requiring persons who represent 
themselves as certified therapeutic recreation speciaUsts or certified therapeutic recrea- 
tion assistants to meet certain standards. (Ch. 966) 

S. B. 613 (House Committee Substitute), an act to increase the punishments for various 
offenses involving animals and to create new offenses involving animal fighting and 
baiting. (Ch. 967) 

S. B. 679, an act to require that a recipient of a CON follow the projections of its 
application. (Ch. 968) 

S. J. R. 1296, a joint resolution repudiating the claim that the Wright Brothers did not 
make the first flight and expressing North Carolina's pride in the historic achievements of 
the Wright Brothers. (Res. 57) 



July 10, 1986 



1986] SENATE JOURNAL 217 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

S. B. 924 (Committee Substitute), a bill to achieve greater consistency and equity in 
the setting of child support obligation amounts through the use of guidelines, for concur- 
rence in House Amendment No. 1, which is placed on the Calendar for Friday, July 11. 

On motion of Senator Marvin, the bill is withdrawn from the Calendar of Friday, 
July 11, and placed on the Calendar for immediate consideration. 

Senator Marvin moves that the Senate do not concur in House Amendment No. 1 and 
further moves that the President appoint conferees, which motions prevail (electronically 
recorded). 

The President appoints Senators Marvin, Hipps, and Winner as conferees on the part of 
the Senate to resolve the differences arising between the two Bodies, and a message is 
ordered sent to the House of Representatives informing that Honorable Body of such 
action and requesting conferees. 

H. J. R. 1411, a joint resolution expressing the intent of the General Assembly 
concerning transfer of the Driver Education Program from the Highway Fund to the 
General Fund. 

Referred to Rules and Operation of the Senate Committee. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H. B. 2116, a bill to assist in financing of agriculture. 
Referred to Finance Committee. 

H. J. R. 2135, a joint resolution authorizing the 1985 General Assembly, 1986 Session, 
to consider a bill to be entitled an act to allow the Town of Saluda to dispose of two fire 
trucks at private negotiation and sale to Saluda Volunteer Fire and Rescue, Inc. 

On motion of Senator Hipps, the rules are suspended, and the joint resolution is placed 
before the Senate for immediate consideration. 

The joint resolution passes its second (electronically recorded) and third readings and is 
ordered enrolled. 

S. B. 873 (Committee Substitute), a bill to make technical changes in the insurance law 
as recommended by the Insurance Regulation Study Commission, for concurrence in the 
House Committee Substitute bill, changing the title upon concurrence to read, S. B. 873 
(House Committee Substitute), a bill to revise the rating and classification plans and the 
ratemaking procedure for nonfleet private passenger motor vehicle insurance; to make 
revisions and improvements in the regulation of commercial property and hability in- 
surance rates; to require reports from insurers and to authorize the Insurance Com- 
missioner to modify rates if statutory changes in civil law affect insurers' experience; to 
make changes in certain insurance market practices for the benefit of consumers; and to 
make technical changes in the insurance laws, and to make changes in Rule 11(a) of the 
Rules of Civil Procedure. 

Referred to Insurance Committee. 



July 10, 1986 



218 SENATE JOURNAL [Second Session 

S. B. 950 House of Representatives 

July 9, 1986 

Mr. President: ■ '■ .. •■/ -'•''■'.■: ■■>■:;: '■■■':,•■',■■ . ? , 

It is ordered that a message be sent your Honorable Body with the information that the 
House has adopted the report of the Conferees on S. B. No. 950, A BILL TO BE 
ENTITLED AN ACT TO AUTHORIZE HAYWOOD AND HENDERSON COUN- 
TIES TO ADOPT "PRE-DEVELOPMENT ORDINANCES", to the end that when a 
similar action has been taken on the part of the Senate, you may order the bill enrolled. 

. - Respectfully, 

S/ Grace Collins - .: ■ 

Principal Clerk 

The bill is ordered enrolled. 

S. B. 866 House of Representatives ,. 

(House Committee Substitute) July 9, 1986 

Mr. President: 

Pursuant to your information that your Honorable Body failed to concur in House 
Committee Substitute for S. B. No. 866, A BILL TO BE ENTITLED AN ACT TO 
PROVIDE ROADS TO THE FUTURE, AND TO CLASSIFY HOUSEHOLD PER- 
SONAL PROPERTY AND EXCLUDE IT FROM PROPERTY TAXES, the Speaker 
has appointed as conferees on the part of the House, Representatives Quinn (Chiarman), 
Bob Etheridge, Watkins, Bruce Ethridge, Mavretic, Jeralds, and Murphy to act with a 
like committee on the part of the Senate to the end that the differences existing between 
the two bodies may be adjusted. 

Respectfully, ' '" '' ; 

/' •'■■ ',■';■:■■■■ S/ Grace Collins '■ ■ ■ '• '; 

, : ' Principal Clerk 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

H. B. 1692, a bill authorizing New Hanover County to levy an additional one percent 
room occupancy and tourism development tax, and to adjust the distribution of occupancy 
tax revenue in New Hanover County, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 46, noes 1, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Cobb, Conder, Ezzell, 
Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, 
Johnson of Cabarrus, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, 
McDowell, McDuffie, Parnell, Plyler, Price, Rand, Rauch, Redman, Royall, Shaw, Simp- 
son, Smith, Soles, Speed, Staton, Swain, Taft, Tally, Thomas of Henderson, Walker, 
Ward, Warren, Watt, Williams, Winner, and Woodard — 46. 

Voting in the negative: Senator Sawyer — 1. 

The bill is ordered enrolled. 

H. B. 1557 (Committee Substitute), a bill to incorporate the Town of Pleasant Hill, upon 
second reading. 



July 10, 1986 



1986] SENATE JOURNAL 219 

Senator Simpson offers Amendment No. 1 which is adopted (electronically recorded). 

The Committee Substitute bill passes its second reading by roll-call vote, ayes 46, 
noes 0, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Cobb, Conder, Ezzell, 
Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, 
Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, Martin of 
Guilford, Marvin, McDowell, McDuffie, Pamell, Plyler, Price, Rand, Rauch, Royall, 
Sawyer, Shaw, Simpson, Smith, Soles, Speed, Staton, Swain, Taft, Tally, Thomas of 
Henderson, Ward, Warren, Watt, Williams, Winner, and Woodard — 46. 

Voting in the negative: None. 

The Committee Substitute bill, as amended, remains on the Calendar for further 
consideration upon third reading. 

S. B. 948, a bill authorizing several of the western counties and Durham County to levy 
a room occupancy and tourism development tax, for concurrence in House Amendments 
No. 1 and No. 2, upon third reading. 

On motion of Senator Hipps, the Senate concurs in House Amendments No. 1 and No. 2 
by roll-call vote, ayes 43, noes 0, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Cobb, Conder, Ezzell, 
Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, 
Johnson of Cabarrus, Johnson of Wake, Kaplan, Martin of Pitt, Martin of Guilford, 
Marvin, McDowell, Parnell, Plyler, Price, Rand, Rauch, Redman, Royall, Shaw, Smith, 
Soles, Speed, Staton, Swain, Taft, Tally, Walker, Ward, Warren, Watt, Williams, Win- 
ner, and Woodard — 43. 

Voting in the negative: None. 

The bill is ordered enrolled. 

S. B. 1306, a bill to make a technical amendment to G. S. 143-215.1. 
The bill passes its second (electronically recorded) and third readings and is ordered, 
without objection, sent to the House of Representatives by special messenger. 

S. B. 1307, a bill concerning consolidation of functions relating to the State Building 
Code. 

On motion of Senator Royall, the bill is recommitted to the Ways and Means Com- 
mittee. 

S. B. 1295 (Committee Substitute), a bill to make technical and conforming amend- 
ments to the Administrative Procedure Act, as amended, upon third reading. 

The Committee Substitute bill, as amended, passes its third reading (electronically 
recorded), and is ordered, without objection, sent to the House of Representatives by 
special messenger without engrossment. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Thomas of Henderson for the Finance Committee: 

H. B. 1445, a bill to give retailers and users who remit sales and use taxes on a 



July 10, 1986 



220 SENATE JOURNAL [Second Session 

semimonthly basis more time to file the second of their semimonthly reports, and to give 
the Secretary of Revenue the authority to authorize these retailers and users to file an 
estimated return for the first semimonthly reporting period, with an unfavorable report 
as to bill, but favorable as to Senate Committee Substitute bill. 

On motion of Senator Thomas of Henderson, the rules are suspended and the Senate 
Committee Substitute bill, which changes the title to read, H. B. 1445 (Senate Committee 
Substitute), a bill authorizing the Secretary of Revenue to permit retailers and users who 
remit sales and use taxes on a semimonthly basis to file estimated returns, and requiring 
that interest be waived for certain sales tax returns, is placed before the Senate for 
immediate consideration. 

On motion of Senator Thomas of Henderson, the Senate Committee Substitute bill is 
adopted and on his further motion, remains before the Senate for further consideration. 

The Senate Committee Substitute bill passes its second reading (electronically re- 
corded). 

On motion of Senator Royall, the Senate Committee Substitute bill is re-referred to the 
Ways and Means Committee. 

H. B. 2103 (Committee Substitute), a bill to amend the insurance premium tax law, with 
a favorable report, as amended. 

On motion of Senator Thomas of Henderson, the rules are suspended and the Com- 
mittee Substitute bill is placed before the Senate for immediate consideration, upon 
second reading, and on his further motion. Committee Amendment No. 1, held not to be 
material, is adopted. 

The Committee Substitute bill, as amended, passes its second reading by roll-call vote, 
ayes 44, noes 2, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Cobb, Conder, Ezzell, 
Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, 
Johnson of Cabarrus, Johnson of Wake, Kincaid, Martin of Guilford, Marvin, McDowell, 
McDuffie, Pamell, Plyler, Price, Rand, Rauch, Redman, Royall, Sawyer, Shaw, Smith, 
Soles, Speed, Staton, Swain, Taft, Tally, Thomas of Henderson, Walker, Warren, Watt, 
Williams, Winner, and Woodard — 44. 

Voting in the negative: Senators Kaplan and Ward — 2. 

The Committee Substitute bill, as amended, remains on the Calendar for further 
consideration upon third reading. 

CONFERENCE REPORT 

S. B. 866 

(House Committee Substitute) 

Senator Warren for the Conferees appointed to consider the differences arising be- 
tween the Senate and House of Representatives upon S. B. 866 (House Committee 
Substitute), a bill to provide roads to the future, and to classify household personal 
property and exclude it from property taxes, submits the following report: 

To the President of the Senate and the y 

Speaker of the House of Representatives: ' 

We, your conferees, appointed to resolve the differences arising between the Senate 
and the House of Representatives on House Committee Substitute for Senate Bill 866, 
Sixth Edition Engrossed, A BILL TO BE ENTITLED AN ACT TO PROVIDE ROADS 



July 10, 1986 



1986] SENATE JOURNAL 221 

TO THE FUTURE, AND TO CLASSIFY HOUSEHOLD PERSONAL PROPERTY 
AND EXCLUDE IT FROM PROPERTY TAXES, wish to report as follows: 

The Senate concurs in the House Committee Substitute with the following amend- 
ments: 

on page 1, line 12, by rewriting that line to read: 

"V. TWO-YEAR MOTOR VEHICLE REGISTRATION 

VI. TRANSFER DRIVER EDUCATION TO GENERAL FUND 

VII. EFFECTIVE DATES; TRANSITIONAL PROVISIONS"; 

and on page 12, line 5, by deleting that line and substituting the following new headings 
and Parts to read: 

"—PART V. TWO-YEAR MOTOR VEHICLE REGISTRATION 

Sec. 24. G. S. 20-66(d) is rewritten to read: '(d) The Division may also provide for the 
issuance of license plates for motor vehicles with the dates of expiration thereof to 
vary from month to month so as to approximately equalize the number that expire 
during a registration period of one or two years. A person may purchase a license 
plate for a period of two years, but the Division shall not solicit, encourage, or 
require the purchase of a license plate for a period of more than one year.' 

—PART VI. TRANSFER DRIVER EDUCATION TO GENERAL FUND 

Sec. 25. G. S. 20-88.1 is amended by adding a new subsection to read: '(c) All 
expenses incurred by the State in carrying out the provisions of this section shall be 
paid out of the General Fund.' 

—PART VII. EFFECTIVE DATES; TRANSITIONAL PROVISIONS"; 

and on page 12, lines 6, 13, and 23; page 13, lines 4, 8, 15, and 23; and page 14, line 4, by 
renumbering the succeeding sections accordingly; 

and on page 14, line 10, by rewriting that line to read: 

"1, 1987. Part V is effective upon ratification. Part VI shall become effective July 1, 
1987. Part VII is effective upon ratification."; 

and the House agrees to the same. 

To this end, the conferees recommend that the Senate and House of Representatives 
adopt the foregoing report. 

This the 10th day of July 1986. 

S/ Bob Warren S/ Dwight Quinn 

S/ William N. Martin S/ Bob Etheridge 

S/ Marshall A. Rauch S/ Bruce Ethridge 

S/ William W. Redman, Jr. S/ Luther R. Jeralds 

S/ R. P. Thomas S/ Joe Mavretic 

Conferees for the Senate S/ Wendell Holmes Murphy 

S/ William T. Watkins 
■ . Conferees for the 

House of Representatives 



July 10, 1986 



222 SENATE JOURNAL [Second Session 

On motion of Senator Warren, the Conference Report is adopted (electronically re- 
corded), and a message is ordered sent to the House of Representatives informing that 
Honorable Body of such action. - . : , - 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

Senator Royall moves that Rule 40 be suspended to allow the introduction of the 
following bill, which motion fails to prevail for lack of a two-thirds majority vote (electroni- 
cally recorded). 



S. B. 1308, a bill to establish the Office of the State Controller. 

CALENDAR (Continued) 

S. B. 1305, a bill to provide that district judges shall be appointed within sixty days after 
nominations are submitted, upon third reading. 

Senator Cobb offers Amendment No. 1 which fails of adoption (electronically recorded). 

The bill passes its third reading (electronically recorded) and is ordered, without 
objection, sent to the House of Representatives by special messenger. 

The Chair declares the Senate in recess until 3:30 P.M. for the purpose of committee 
meetings. '' 

AFTERNOON SESSION— 3:30 P.M. 

The Senate meets pursuant to recess and is called to order by the Honorable Robert B. 
Jordan HI, Lieutenant Governor. 

ENROLLED BILLS 

The Enrolling Clerk reports the following resolution properly enrolled and duly rati- 
fied, and sent to the office of the Secretary of State: 

H. J. R. 2135, a joint resolution authorizing the 1985 General Assembly, 1986 Session, 
to consider a bill to be entitled an act to allow the Town of Saluda to dispose of two fire 
trucks at private negotiation and sale to Saluda Volunteer Fire and Rescue, Inc. (Res. 58) 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: . 

S. B. 73 (Committee Substitute), a bill to create the Motor Fuel Marketing Act in order 
to encourage fair and honest competition and to safeguard the public against unfair 
practices involving the sale of motor fuel, for concurrence in House Amendment No. 1. 

On motion of Senator Hardison, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration. 

On motion of Senator Hardison, the Senate concurs in House Amendment No. 1 
(electronically recorded) and the bill is ordered enrolled. 

S. B. 488, a bill to provide equitable sales tax treatment for livestock and poultry 



July 10, 1986 



1986] SENATE JOURNAL 223 

structures, for concurrence in House Amendment No. 1, which changes the title, upon 
concurrence, to read, S. B. 488, a bill to provide equitable sales tax treatment for 
commercial livestock and poultry structures. 

On motion of Senator Plyler, the rules are suspended, and the bill is placed before the 
Senate for immediate consideration. 

On motion of Senator Plyler, the Senate concurs in House Amendment No. 1 (electroni- 
cally recorded), and the bill is ordered enrolled. 

S. B. 994, a bill to create the North Carolina Grape Growers Board, for concurrence in 
the House Committee Substitute bill. 

On motion of Senator Hardison, the rules are suspended, and the House Committee 
Substitute bill is placed before the Senate for immediate consideration. 

On motion of Senator Hardison, the Senate concurs in the House Committee Substitute 
bill (electronically recorded), and the bill is ordered enrolled. 

H. B. 1610 (Committee Substitute), a bill relating to satellite corporate limits of the 
Town of Canton. 

On motion of Senator Hipps, the rules are suspended, and the Committee Substitute bill 
is placed before the Senate for immediate consideration. 

The Committee Substitute bill passes its second (electronically recorded) and third 
readings and is ordered enrolled. 

H. B. 2110 (Committee Substitute), a bill to estabHsh a penalty for damage to artificial 
reefs and marking devices to identify reefs. 
Referred to Judiciary IV Committee. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Plyler for the Appropriations Committee: 

H. B. 266 (Senate Committee Substitute), a bill to adopt the Revised Uniform Limited 
Partnership Act, as amended, with a favorable report, as amended. 

On motion of Senator Plyler, the rules are suspended and the Senate Committee 
Substitute bill, as amended, is placed before the Senate for immediate consideration, and 
on his further motion. Committee Amendments No. 3 and No. 4 are adopted. 

The Senate Committee Substitute bill, as amended, is ordered engrossed and re- 
referred to the Finance Committee. 

On motion of Senator Harrington, seconded by Senator Watt, the Senate adjourns to 
meet Friday, July 11, at 10:00 A.M. 



ONE HUNDRED FORTY-FIFTH DAY 

Senate Chamber, 
Friday, July 11, 1986. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

July 11, 1986 



224 SENATE JOURNAL [Second Session 

Prayer is offered by Dr. Samuel D. McMillan, Jr., Senate Chaplain, as follows: 

"0 God of Love, we thank Thee for those whose labor of love has made our progress here 
possible. For the Lieutenant Governor and his staff, for the President Pro Tempore, for 
the Principal Clerk and her staff, for the Reading Clerk, for the Journal Clerk and her 
assistant, for the Sergeant-at-Arms and her staff, for the pages, for our secretaries, for 
the leadership of the Democratic and Republican Parties, for the Committee Chairper- 
sons, and for the love and support of our famihes, we give Thee thanks, Lord. 

"0 God of Justice, we thank Thee for those bills which have been passed which serve the 
best interest of all our people; we ask Thy forgiveness for those times when political 
maneuvering has hindered rather than helped the legislative process; and we pray for Thy 
guidance as we consider the bills yet to come before this Body. 

"0 God of Strength, we thank Thee for Thy abiding presence with us through the long 
and arduous meetings of this Body and its committees. We confess that we are weary as 
we approach the close of this session; and we pray Thee to give us grace, strength, 
patience, and a sense of humor as we deal with the important bills yet to be considered in 
this Chamber. Help us to complete our work with dispatch, and then give to us a time of 
rest and refreshment with our famihes. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence to Senators Ezzell and Parnell for today. 

The President of the Senate extends courtesies of the gallery to W. Eugene Merrit, 
former member of the House of Representatives from New Hanover County. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Harris for the Human Resources Committee: ' 

H. B. 2106 (Committee Substitute), a bill to ehminate the need for a certificate of need 
to be issued for hthotripters, with a favorable report, as amended. 

On motion of Senator Harris, the rules are suspended and the Committee Substitute bill 
is placed before the Senate for immediate consideration. 

Senator Harris offers a motion that Committee Amendment No. 1 be adopted and calls 
for the "ayes" and "noes." 

Senator Cobb rises to a point of order as to the eligibility of the Committee Substitute 
bill under the provisions of Resolution 34 of the 1985 General Assembly. 

Without objection, the Committee Substitute bill is temporarily displaced, and the 
President takes the point of order under advisement. 

WITHDRAWAL FROM COMMITTEE 

H. B. 2110 (Committee Substitute), a bill to establish a penalty for damage to artificial 
reefs and marking devices to identify reefs. 



July 11, 1986 



1986] SENATE JOURNAL 225 

On motion of Senator Soles, the rules are suspended and the Committee Substitute bill 
is taken from the Judiciary IV Committee and is placed on the Calendar for today. 

H. B. 1609, a bill relating to municipal wards and precincts in those municipalities 
located in more than one county. 

On motion of Senator Kaplan, the rules are suspended and the bill is taken from the 
Election Laws Committee and is placed on the Calendar for today. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

S. B. 866 House of Representatives 

(House Committee Substitute) July 10, 1986 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that the 
House has adopted the report of the Conferees on H. C. S. S. B. No. 866, A BILL TO BE 
ENTITLED AN ACT TO PROVIDE ROADS TO THE FUTURE, AND TO CLAS- 
SIFY HOUSEHOLD PERSONAL PROPERTY AND EXCLUDE IT FROM PROP- 
ERTY TAXES, to the end that when a similar action has been taken on the part of the 
Senate, you may order the bill enrolled. 

Respectfully, 

S/ Grace A. Collins ' 

Principal Clerk 

The House Committee Substitute bill is ordered enrolled. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S. B. 948, an act authorizing several of the western counties and Durham County to levy 
a room occupancy and tourism development tax. (Ch. 969) 

S. B. 950, an act to authorize Haywood and Henderson Counties to adopt "pre- 
development ordinances." (Ch. 970) 

H. B. 1692, an act authorizing New Hanover County to levy an additional one percent 
room occupancy and tourism development tax, and to adjust the distribution of occupancy 
tax revenue in New Hanover County. (Ch. 971) 

S. B. 73 (Committee Substitute), an act to create the Motor Fuel Marketing Act in order 
to encourage fair and honest competition and to safeguard the public against unfair 
practices involving the sale of motor fuel. (Ch. 972) 

S. B. 488, an act to provide equitable sales tax treatment for commercial hvestock and 
poultry structures. (Ch. 973) 

S. B. 994 (House Committee Substitute), an act to create the North Carolina Grape 
Growers Board. (Ch. 974) 



July 11, 1986 



226 SENATE JOURNAL [Second Session 

H. B. 530 (Senate Committee Substitute), an act to remove archaic references to school 
committees from Chapter 115C of the General Statutes and changing the percentage of 
qualified voters who may petition for election. (Ch. 975) 

H. B. 648 (Committee Substitute), an act to amend G. S. 6-21.1 to raise the judgment 
limit to ten thousand dollars. (Ch. 976) 

H. B. 1007 (Senate Committee Substitute), an act to modify the qualifications for a land 
surveyor applicant. (Ch. 977) 

H. B. 1690 (Senate Committee Substitute), an act to permit towns in Dare County to 
enact certain fire prevention ordinances. (Ch. 978) 

H. B. 1610 (Committee Substitute), an act relating to satellite corporate limits of the 
Town of Canton. (Ch. 979) 

S. B. 897 (Committee Substitute), an act to amend the law providing a Supplemental 
Retirement Fund for firemen in the City of Whiteville. (Ch. 980) 

S. B. 1286, an act to provide for severance pay or discontinued service retirement for 
employees who are separated due to a reduction in force. (Ch. 981) 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Soles for the Judiciary IV Committee: 

H. B. 829 (Committee Substitute), a bill to deter organized criminal activity and 
convert the various properties and property rights employed therein to public purposes 
by imposing civil sanctions on racketeer influenced and corrupt organizations, with an 
unfavorable report as to Committee Substitute bill, but favorable as to Senate Committee 
Substitute bill. 

On motion of Senator Soles, the rules are suspended and the Senate Committee 
Substitute bill is placed before the Senate for immediate consideration and on his further 
motion the Senate Committee Substitute bill is adopted. 

On motion of Senator Soles, the Senate Committee Substitute bill is placed on the 
Calendar for today in its regular order of business for further consideration. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: , 

By Senators Royall, Ballenger, Conder, Guy, and Rand: 

S. B. 1308, a bill to estabUsh the Office of the State Controller. 
Referred to State Government Committee. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 



July 11, 1986 



1986] SENATE JOURNAL 227 

H. B. 2137, a bill to allow the Town of Saluda to dispose of two fire trucks at private 
negotiation and sale to Saluda Volunteer Fire and Rescue, Inc. 

On motion of Senator Hipps, the rules are suspended and the bill is placed before the 
Senate for immediate consideration. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Rauch for the Finance Committee: 

H. B. 266 (Senate Committee Substitute), a bill to adopt the Revised Uniform Limited 
Partnership Act, with a favorable report, as amended. 

On motion of Senator Rauch, the rules are suspended and the Senate Committee 
Substitute bill is placed on today's Calendar for consideration. 

H. B. 2116, a bill to assist in financing of agriculture, with a favorable report, as 
amended. 

On motion of Senator Rauch, the rules are suspended and the bill is placed on today's 
Calendar for consideration, upon second reading. 

By Senator Plyler for the Appropriations Committee: 

H. B. 578 (Senate Committee Substitute), a bill to confirm the establishment of an 
elevator and amusement device division in the Department of Labor and to set out the 
powers and duties of the Commissioner of Labor dealing with the regulation of elevators, 
amusement devices and related equipment, with a favorable report, as amended. 

On motion of Senator Plyler, the rules are suspended and the Senate Committee 
Substitute bill is placed on today's Calendar for consideration. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 

H. B. 2055 (Committee Substitute), a bill to modify the current operations and capital 
improvements appropriations for North Carolina State Government for the 1986-87 Fiscal 
Year, to appropriate funds for local needs, and to make other changes in the budget 
operation of the State. 

On motion of Senator Plyler, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration. 

On motion of Senator Plyler, courtesies of the floor are extended to Mrs. Linda Powell 
and Mrs. Sarah Fuerst of the Fiscal Research Department for assistance in the explana- 
tion of the Committee Substitute bill. 

Senator Harris offers Amendment No. L Senator Thomas of Henderson offers a 
substitute amendment which he subsequently withdraws. Senator Harris withdraws 
Amendment No. 1, without objection. 



July 11, 1986 



228 SENATE JOURNAL [Second Session 

Senator Plyler offers Amendments No. 2 and No. 3, which are adopted (electronically 
recorded). 

Senator Harris offers Amendment No. 4. Senator Harris, duly seconded, calls the 
previous question. The call is sustained. Amendment No, 4 is adopted (electronically 
recorded). 

Senator Walker offers Amendment No. 5 which is adopted (electronically recorded). 

Senator Barnes offers Amendment No. 6 which is adopted (electronically recorded). 

Senator Kincaid offers Amendments No. 7 and No, 8 which are adopted (electronically 
recorded). 

Senator Redman offers Amendment No. 9. Senator Harris, seconded by Senator 
Hardison, calls the previous question. The call is sustained. Amendment No. 9 fails of 
adoption (electronically recorded). 

Senator Winner offers Amendment No. 10, which he subsequently withdraws upon the 
point of order being raised by Senator Watt and sustained by the Chair as to the principle 
provisions of a defeated measure being contained in the Amendment. 

Senator Goldston offers Amendment No. 11 which is adopted (electronically recorded). 

Senator Plyler offers Amendment No. 12 which is adopted (electronically recorded). 

Senator Plyler offers a motion that the vote by which Amendment No. 3 was adopted be 
reconsidered, which motion prevails. Without objection. Senator Plyler withdraws 
Amendment No. 3. 

Senator Marvin offers Amendment No. 13 which fails of adoption upon a tie-vote 
(electronically recorded). 

Senator Warren offers Amendment No. 14 which is adopted (electronically recorded). 

Senator Hipps offers Amendment No. 15 which is adopted (electronically recorded). 

Senator Plyler calls the previous question, seconded by Senator Rand. The call is 
sustained. The Committee Substitute bill, as amended, passes its second reading (elec- 
tronically recorded). 

Without objection, the Committee Substitute bill, as amended, remains before the 
Senate for further consideration, upon third reading. 

Senator Sawyer offers Amendment No. 16. Senator Plyler, seconded by Senator Rand, 
offers a motion that Amendment No. 16 do lie upon the table, which motion prevails 
(electronically recorded). Amendment No. 16 lies upon the table. 

Senator Plyler, seconded by Senator Swain, calls the previous question. The call is 
sustained. The Committee Substitute bill, as amended, passes its third reading (electroni- 
cally recorded) and is ordered returned to the House of Representatives for concurrence 
in Senate Amendments No. 2, No. 4, No. 5, No, 6, No. 7, No. 8, No. 11, No. 12, No. 14, and 
No. 15. 

S. B. 859 (House Committee Substitute), a bill to estabUsh the North Carolina Child- 
hood Vaccine-Related Injury Compensation Program, for concurrence in the House 
Committee Substitute bill. 

On motion of Senator Taft, the rules are suspended, and the House Committee Sub- 
stitute bill is placed before the Senate for immediate consideration. 

Senator Taft moves that the the Senate do not concur in the House Committee 
Substitute bill, and further moves that the President appoint conferees, which motions 
prevail. 

The President appoints Senators Taft, Staton, and Harris as conferees on the part of the 
Senate to resolve the differences arising between the two Bodies, and a message is 



July 11, 1986 



1986] . SENATE JOURNAL 229 

ordered sent to the House of Representatives informing that Honorable Body of such 
action and requesting conferees. 

H. B. 2138, a bill to set a convening date for the 1987 Session of the General Assembly. 
Referred to Rules and Operation of the Senate Committee. 

H. J. R. 2139, a joint resolution providing for adjournment sine die of the General 
Assembly. 

On motion of Senator Harrington, the rules are suspended and the joint resolution is 
placed on the Calendar for today. 

S. B. 901, a bill making clarifying amendments to the privilege Ucense tax statutes, for 
concurrence in House Amendment No. 1 which is placed on the Calendar for the next 
legislative day. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S. B. 866 (House Committee Substitute), an act to provide roads to the future, and to 
classify household personal property and exclude it from property taxes. (Ch. 982) 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H. B. 1970 House of Representatives 

July 11, 1986 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that the 
House fails to concur in the Senate amendment to H. B. No. 1970, A BILL TO BE 
ENTITLED AN ACT TO INCREASE THE FEES FOR COMMUNITY SERVICE, 
and requests conferees. The Speaker has appointed Representatives Hunter (Chairman), 
Barker, Lancaster, Watkins, and Blue on the part of the House to confer with a like 
committee appointed by the Senate to the end that the differences arising may be 
adjusted. 

Respectfully, 

S/ Grace A. Collins 

Principal Clerk 

Senator Rand moves that the President appoint conferees, which motion prevails. The 
President appoints Senators Rand, Rauch, Royall, Harris, and Basnight as conferees on 
the part of the Senate and a message is ordered sent to the House of Representatives 
informing that Honorable Body of such action. 

H. B. 2130, a bill concerning local law officers' retirement. 
Referred to Pensions and Retirement Committee. 

H. B. 1665 (Committee Substitute), a bill to authorize cities in Mecklenburg County to 
levy a motor vehicle tax not to exceed twenty dollars. 



July 11, 1986 



230 SENATE JOURNAL [Second Session 

Referred to Finance Committee. 

CALENDAR ^ 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S. B. 901, a bill making clarifying amendments to the privilege license tax statutes, for 
concurrence in House Amendment No. 1. 

On motion of Senator Guy, the bill is taken from the Calendar for the next legislative 
day and is placed before the Senate for immediate consideration. 

The Chair rules that the House Amendment is not material. 

On motion of Senator Guy, the Senate concurs in House Amendment No. 1 (electronical- 
ly recorded), and the bill is ordered enrolled. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Hipps (Vice-Chairman) of the Judiciary I Committee: 

H. B. 2084, a bill to clarify the authority to transfer rights in hospital facilities to an 
AH EC Program, with a favorable report. 

On motion of Senator Hipps, the rules are suspended and the bill is placed on today's 
Calendar for consideration. 

H. B. 1294 (Committee Substitute No. 3), a bill to prevent felons from profiting from 
their stories and other accounts of their crimes by requiring that the proceeds of their 
stories be used to compensate the victims of the crimes, with an unfavorable report as to 
Committee Substitute bill No. 3, but favorable as to Senate Committee Substitute bill. 

On motion of Senator Hipps, the rules are suspended and the Senate Committee 
Substitute bill, which changes the title to read H. B. 1294 (Senate Committee Substitute), 
a bill to prevent felons from profiting from their stories and other accounts of their crimes 
by requiring that the proceeds of their stories be used to compensate the victims of the 
crimes, and to require defendants to make such restitution as they are financially able to 
make as a condition of obtaining parole or work release privileges, is placed before the 
Senate for immediate consideration. 

On motion of Senator Hipps, the Senate Committee Substitute bill is adopted, and on^ 
his further motion is re-referred to the Appropriations Committee. 

The Chair declares the Senate in recess until 2:15 P.M. for the purpose of committee 
meetings. 

AFTERNOON SESSION — 2:15 P.M. 

The Senate meets pursuant to recess and is called to order by the Honorable Robert B. 
Jordan HI, Lieutenant Governor. 

CALENDAR (Continued) 

H. B. 1557 (Committee Substitute), a bill to incorporate the Town of Pleasant Hill, as 
amended, upon third reading. 



July 11, 1986 



1986] SENATE JOURNAL 231 

The Committee Substitute bill, as amended, passes its third reading by roll-call vote, 
ayes 40, noes 0, as follows: 

Voting in the affirmative: Senators Basnight, Cobb, Goldston, Guy, Hardison, Harring- 
ton, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of 
Wake, Kaplan, Kincaid, Marvin, McDowell, McDuffie, Plyler, Price, Rand, Rauch, 
Redman, Royall, Sawyer, Shaw, Smith, Soles, Speed, Staton, Swain, Tally, Thomas of 
Craven, Thomas of Henderson, Walker, Ward, Warren, Watt, Williams, Winner, and 
Woodard — 40. 

Voting in the negative: None. 

The Committee Substitute bill, as amended, is ordered sent to the House of Repre- 
sentatives for concurrence in Senate Amendment No. 1. 

H. B. 1609, a bill relating to municipal wards and precincts in those municipalities 
located in more than one county. 

The bill passes its second reading (electronically recorded). 

Senator Watt objects to the third reading of the bill, which objection he subsequently 
withdraws, and the bill is placed before the Senate, upon third reading. 

The bill passes its third reading and is ordered enrolled. 

H. B. 2103 (Committee Substitute), a bill to amend the insurance premium tax law, as 
amended, upon third reading. 

The Committee Substitute bill, as amended, passes its third reading by roll-call vote, 
ayes 35, noes 2, as follows: 

Voting in the affirmative: Senators Basnight, Cobb, Goldston, Guy, Hardison, Harring- 
ton, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of Wake, Kincaid, Martin of 
Guilford, Marvin, McDowell, McDuffie, Plyler, Price, Rauch, Royall, Sawyer, Shaw, 
Smith, Soles, Speed, Staton, Swain, Tally, Thomas of Craven, Thomas of Henderson, 
Walker, Warren, Watt, Winner, and Woodard — 35. 

Voting in the negative: Senators Kaplan and Ward — 2. 

The Committee Substitute bill, as amended, is ordered sent to the House of Repre- 
sentatives for concurrence in Senate Amendment No. 1. 

H. B. 2116, a bill to assist in financing of agriculture, upon second reading. 

On motion of Senator Warren, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second reading by roll-call vote, ayes 40, noes 0, as 
follows: 

Voting in the affirmative: Senators Basnight, Goldston, Guy, Hardison, Harrington, 
Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of Wake, Kaplan, Kincaid, 
Martin of Guilford, Marvin, McDowell, McDuffie, Plyler, Price, Rauch, Redman, Royall, 
Sav^^er, Shaw, Smith, Soles, Speed, Staton, Swain, Taft, Tally, Thomas of Craven, 
Thomas of Henderson, Walker, Warren, Watt, Wilhams, Winner and Woodard — 40. 

Voting in the negative: None. 

The bill, as amended, remains on the Calendar for further consideration upon third 
reading. 

H. B. 266 (Senate Committee Substitute), a bill to adopt the Revised Uniform Limited 
Partnership Act, as amended. 

On motion of Senator Staton, Committee Amendment No. 5 is adopted. 

The Senate Committee Substitute bill, as amended, passes its second (electronically 
recorded) and third readings and is ordered, without engrossment of Amendment No. 5, 



July 11, 1986 



232 SENATE JOURNAL [Second Session 

and without objection, sent to the House of Representatives for concurrence in the Senate 
Committee Substitute bill. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Warren for the Transportation Committee: 

H. B. 978 (Committee Substitute), a bill to prohibit dark-shaded windows on motor 
vehicles which obstruct the view from outside the vehicle, with a favorable report, as 
amended. 

On motion of Senator Warren, the rules are suspended and the Committee Substitute 
bill is placed before the Senate for immediate consideration, and on his further motion, 
Committee Amendment No. 1 is adopted, changing the title to read, H. B. 978 (Com- 
mittee Substitute), a bill to amend G. S. 20-127. 

The Committee Substitute bill, as amended, passes its second (electronically recorded) 
and third readings and is ordered sent to the House of Representatives for concurrence in 
Senate Amendment No. 1. 

WITHDRAWAL FROM COMMITTEE 

H. B. 1004 (Senate Committee Substitute), a bill to authorize the Governor to appoint 
two student advisors to the State Board of Education. 

On motion of Senator Plyler, the rules are suspended and the Senate Committee 
Substitute bill is taken from the Appropriations Committee, and is placed on the 
Calendar for today. 

CALENDAR (Continued) 

H. B. 578 (Senate Committee Substitute), a bill to confirm the establishment of an 
elevator and amusement device division in the Department of Labor and to set out the 
powers and duties of the Commissioner of Labor dealing with the regulation of elevators, 
amusement devices and related equipment. 

On motion of Senator Swain, Committee Amendment No. 1 is adopted. 

The Senate Committee Substitute bill, as amended, passes its second reading (electron- 
ically recorded) and remains on the Calendar for further consideration upon third reading. 

H. B. 1004 (Senate Committee Substitute), a bill to authorize the Governor to appoint 
two student advisors to the State Board of Education. 

Senator Plyler offers Amendment No. 1 which is adopted (electronically recorded). 

The Senate Committee Substitute bill, as amended, passes its second reading (electron- 
ically recorded). 

On objection of Senator Martin of Guilford to its third reading, the Senate Committee 
Substitute bill, as amended, remains on the Calendar for further consideration upon third 
reading. 

H. B. 829 (Senate Committee Substitute), a bill to deter organized criminal activity and 
convert the various properties and property rights employed therein to public purposes 
by imposing civil sanctions on racketeer influenced and corrupt organizations. 



July 11, 1986 



1986] SENATE JOURNAL 233 

On motion of Senator Winner, the rules are suspended to the end that Steven Rose of 
the General Assembly staff is extended the courtesies of the floor for the purpose of 
assisting with the explanation of the bill. 

Senator Winner offers Amendment No. 1 which is adopted (electronically recorded). 

The Senate Committee Substitute bill, as amended, passes its second reading (electron- 
ically recorded). 

On objection of Senator Watt to its third reading, the Senate Committee Substitute bill, 
as amended, remains on the Calendar for further consideration upon third reading. 

WITHDRAWAL FROM COMMITTEE 

H. B. 2138, a bill to set a convening date for the 1987 Session of the General Assembly. 

On motion of Senator Harrington, the rules are suspended and the bill is taken from the 
Rules and Operation of the Senate Committee and is placed on the Calendar for 
immediate consideration. 

Senator Harrington offers Amendment No. 1 which is adopted (electronically re- 
corded). 

The bill, as amended, passes its second (electronically recorded) and third readings and 
is ordered sent to the House of Representatives for concurrence in Senate Amendment 
No. 1. 

CALENDAR (Continued) 

H. B. 1004 (Senate Committee Substitute), a bill to authorize the Governor to appoint 
two student advisors to the State Board of Education, as amended. 

Senator Martin of Guilford withdraws his objection to third reading. 

The Senate Committee Substitute bill, as amended, passes its third reading and is 
ordered sent to the House of Representatives for concurrence in Senate Amendment 
No. 1. 

H. B. 578 (Senate Committee Substitute), a bill to confirm the establishment of an 
elevator and amusement device division in the Department of Labor and to set out the 
powers and duties of the Commissioner of Labor dealing with the regulation of elevators, 
amusement devices and related equipment, upon third reading. 

Senator Swain moves that the vote by which Amendment No. 1 was adopted be 
reconsidered, which motion prevails. 

Without objection, Senator Swain withdraws Amendment No. 1. 

The Senate Committee Substitute bill passes its third reading and is ordered sent to the 
House of Representatives for concurrence in the Senate Committee Substitute bill. 

The Chair declares the Senate in recess until 4:15 P.M. for the purpose of committee 
meetings. 

AFTERNOON SESSION — 4:15 P.M. 

The Senate meets pursuant to recess and is called to order by the Honorable Robert B. 
Jordan III, Lieutenant Governor. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles. 



July 11, 1986 



234 SENATE JOURNAL [Second Session 

together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Marvin for the Pensions and Retirement Committee: 

H. B. 2130, a bill concerning local law officers' retirement, with a favorable report, as 
amended. 

On motion of Senator Marvin, the rules are suspended and the bill is placed before the 
Senate for immediate consideration, and on her further motion Committee Amendments 
No. 1 and No. 2 are adopted. 

On motion of Senator Marvin, the bill, as amended, is re-referred to the Appropriations 
Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

S. B. 939 (Committee Substitute), a bill to provide for expediting child support cases as 
required by federal law, for concurrence in the House Committee Substitute bill. 

On motion of Senator Marvin, the rules are suspended, and the House Committee 
Substitute bill is placed before the Senate for immediate consideration. 

On motion of Senator Marvin, the Senate concurs in the House Committee Substitute 
bill (electronically recorded). 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 

H. B. 479 (Committee Substitute No. 2), a bill to ratify the bailment surcharge which 
pays for the operating budget of alcohol law enforcement. 
Referred to Appropriations Committee. 

H. B. 2081 (Committee Substitute), a bill to expand the North Carolina Center for 
Missing Children to include missing persons. 

On motion of Senator Hipps, the rules are suspended, and the Committee Substitute bill 
is placed on the Calendar for today. 

H. B. 2103 , House OF Representatives .: ; 

July 11, 1986 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that the 
House fails to concur in the Senate amendment to H. B. No. 2103, A BILL TO BE 
ENTITLED AN ACT TO AMEND THE INSURANCE PREMIUM TAX LAW, and 
requests conferees. The Speaker has appointed Representatives Pulley, Hudson, and 
Mavretic on the part of the House to confer with a like committee appointed by the Senate 
to the end that the differences arising may be adjusted. 

Respectfully, 

S/ Grace Collins 

Principal Clerk 



July 11, 1986 



1986] SENATE JOURNAL 235 

Senator Hardison moves that the President appoint conferees, which motion prevails. 
The President appoints Senators Hardison, Hunt of Durham, and Rauch as conferees on 
the part of the Senate and a message is ordered sent to the House of Representatives 
informing that Honorable Body of such action, 

H. B. 2055 House of Representatives 

July 11, 1986 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that the 
House fails to concur in the Senate amendments to House Com. Sub. for H. B. No. 2055, 
A BILL TO BE ENTITLED AN ACT TO MODIFY THE CURRENT OPERATIONS 
AND CAPITAL IMPROVEMENTS APPROPRIATIONS FOR NORTH CAROLINA 
STATE GOVERNMENT FOR THE 1986-87 FISCAL YEAR, TO APPROPRIATE 
FUNDS FOR LOCAL NEEDS, AND TO MAKE OTHER CHANGES IN THE 
BUDGET OPERATION OF THE STATE, and requests conferees. The Speaker has 
appointed Representatives Watkins, (Chairman), Bob Etheridge, Locks, Anderson, and 
Blue on the part of the House to confer with a like committee appointed by the Senate to 
the end that the differences arising may be adjusted. 

Respectfully, 

S/ Grace Collins 

Principal Clerk 

Senator Plyler moves that the President appoint conferees, which motion prevails. The 
President appoints Senators Plyler, Rand, Royall, Watt, and Walker as conferees on the 
part of the Senate and a message is ordered sent to the House of Representatives 
informing that Honorable Body of such action. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S. B. 903, a bill to exempt small partnerships from penalties for failure to file in- 
formational returns when such partnerships qualify for a federal exemption from such 
penalties. (Ch. 983) 

H. B. 2137, an act to allow the Town of Saluda to dispose of two fire trucks at private 
negotiation and sale to Saluda Volunteer Fire and Rescue, Inc. (Ch. 984) 

S. B. 901, an act making clarifying amendments to the privilege license tax statutes. 
(Ch. 985) 

S. B. 892, an act to make provisions for filling unexpired terms for superior court judge 
in the same year as full terms, by considering unexpired terms as separate offices for the 
purpose of applying a designated seat rule. (Ch. 986) 

S. B. 922, an act to make provisions for filling unexpired terms for superior court judge 
in the same year as full terms, without applying a designated seat rule except when the 
vacancy occurs so close to the election that it is an administrative necessity. (Ch. 987) 



July 11, 1986 



236 SENATE JOURNAL [Second Session 

H. B. 1609, an act relating to municipal wards and precincts in those municipalities 
located in more than one county. (Ch. 988) 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H. B. 2140, a bill to permit the placement of a lithotripter. 

On motion of Senator Swain, the rules are suspended, and the bill is placed before the 
Senate for immediate consideration. 
Without objection, the bill is temporarily displaced. 

CALENDAR (Continued) 

H. B. 829 (Senate Committee Substitute), a bill to deter organized criminal activity and 
convert the various properties and property rights employed therein to public purposes 
by imposing civil sanctions on racketeer influenced and corrupt organizations, upon third 
reading. 

Senator Watt withdraws his objection to third reading. 

Senator Watt offers Amendment No. 2 which is adopted (electronically recorded). 

The Senate Committee Substitute bill, as amended, passes its third reading and is 
ordered sent to the House of Representatives for concurrence in the Senate Committee 
Substitute bill, without engrossment. 

H. B. 2084, a bill to clarify the authority to transfer rights in hospital facilities to an 
AHEC Program. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 2110 (Committee Substitute), a bill to establish a penalty for damage to artificial 
reefs and marking devices to identify reefs. 

The Committee Substitute bill passes its second (electronically recorded) and third 
readings and is ordered enrolled. 

H. B. 2106 (Committee Substitute), a bill to eliminate the need for a certificate of need 
to be issued for lithotripters. 

Committee Amendment No. 1 is ruled out of order pursuant to Resolution 34. 

Without objection, the Committee Substitute bill is re-referred to the Rules and 
Operation of the Senate Committee. 

H. B. 2140, a bill to permit the placement of a lithotripter. 

Senator Ward offers Amendment No. 1 which is adopted (electronically recorded). 

Senator Conder offers Amendment No. 2, which he subsequently withdraws. 

Senator Redman offers Amendment No. 3, changing the title, upon concurrence, to 
read, H. B. 2140, a bill to eliminate CONs for lithotripters, which is adopted (electronical- 
ly recorded), deleting Amendment No. 1. 

Senator Warren requests a fiscal note as a Vice-Chairman of the Appropriations 
Committee citing Rule 42,1 as authority therefor. Upon the point of order raised, the 
Chair rules that the Vice-Chairman of the committee has the same authority as the 
Chairman to request a fiscal note. 

Senator Winner moves to suspend the rules to the end that the second reading may be 
had without a fiscal note. 



July 11, 1986 



1986] SENATE JOURNAL 237 

The Chair rules that the request for the fiscal note takes precedence over the motion to 
suspend the rules. 

Senator Warren subsequently withdraws his request for a fiscal note. 

Senator Swain calls the previous question, seconded by Senator Hardison. The call is 
sustained. 

The bill, as amended, passes its second (electronically recorded) and third readings and 
is ordered sent to the House of Representatives for concurrence in Senate Amendment 
No. 3. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

S. B. 859 House of Representatives 

(House Committee Substitute) July 11, 1986 

Mr. President: 

Pursuant to your information that your Honorable Body failed to concur in House 
Amendments to HCS for S. B. No. 859, A BILL TO BE ENTITLED AN ACT TO 
ESTABLISH THE NORTH CAROLINA CHILDHOOD VACCINE-RELATED IN- 
JURY COMPENSATION PROGRAM, the Speaker has appointed as conferees on the 
part of the House, Representatives A. Hall (Chairman), Quinn, Hackney, B. P. Woodard, 
and Payne to act with a like committee on the part of the Senate to the end that the 
differences existing between the two bodies may be adjusted. 

Respectfully, 

S/ Grace Collins 
Principal Clerk 

The Chair declares the Senate in recess until 7:00 P.M. for the purpose of committee 
meetings. 

EVENING SESSION — 7:00 P.M. 

The Senate meets pursuant to recess and is called to order by the Honorable Robert B. 
Jordan III, Lieutenant Governor. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

S. B. 1306, a bill to make a technical amendment to G. S. 143-215.1, for concurrence in 
the House Committee Substitute bill, changing the title, upon concurrence, to read, 
S. B. 1306 (House Committee Substitute), a bill to make certain changes in the water 
pollution laws of North Carolina. 

On motion of Senator Rauch, the rules are suspended, and the House Committee 
Substitute bill is placed before the Senate for immediate consideration. 

Senator Rauch, moves that the Senate do not concur in the House Committee Sub- 
stitute bill and further moves that the President appoint conferees, which motions prevail 
(electronically recorded). 



July 11, 1986 



238 SENATE JOURNAL [Second Session 

The President appoints Senators Harris, McDowell, and Hunt of Moore as conferees on 
the part of the Senate to resolve the differences arising between the two Bodies, and a 
message is ordered sent to the House of Representatives informing that Honorable Body 
of such action and requesting conferees. 

S. B. 1295 (Committee Substitute), a bill to make technical and conforming amend- 
ments to the Administrative Procedure Act, for concurrence in the House Committee 
Substitute bill, changing the title, upon concurrence, to read, S. B. 1295 (House Com- 
mittee Substitute), a bill to make amendments to the Administrative Procedure Act. 

Referred to Judiciary I Committee. 

CONFERENCE REPORT 

H. B. 2055 

(Committee Substitute) -^ 

Senator Plyler, for the Conferees appointed to consider the differences arising between 
the Senate and House of Representatives upon H. B. 2055 (Committee Substitute), a bill 
to modify the current operations and capital improvements appropriations for North 
Carolina State Government for the 1986-87 Fiscal Year, to appropriate funds for local 
needs, and to make other changes in the budget operation of the State, submits the 
following report: 

Senator Warren, seconded by Senator Taft, offers a motion for a ten-minute recess, 
which motion fails to prevail. 

To the President of the Senate and the 
Speaker of the House of Representatives: 

We, your conferees, appointed to resolve the differences arising between the Senate 
and the House of Representatives on Committee Substitute for House Bill 2055, AN ACT 
TO MODIFY THE CURRENT OPERATIONS AND CAPITAL IMPROVEMENTS 
APPROPRIATIONS FOR NORTH CAROLINA STATE GOVERNMENT FOR THE 
1986-87 FISCAL YEAR, TO APPROPRIATE FUNDS FOR LOCAL NEEDS, AND 
TO MAKE OTHER CHANGES IN THE BUDGET OPERATION OF THE STATE, 
wish to report as follows: 

The House concurs in the following Senate amendments: #s 2, 5, 6, 7, 8, 11, 12 and 14. 

The Senate recedes from its Amendment # 15. 

The House concurs in Senate Amendment # 4 with an amendment: add the following at 
the end of the last paragraph: "This paragraph applies only to the funds allocated under 
this section." 

The Senate agrees to the same. 

To this end, the conferees recommend that the Senate and House of Representatives 
adopt the foregoing report. 



July 11, 1986 



1986] SENATE JOURNAL 239 

This the 11th day of July 1986. 

S/ William T. Watkins S/ Aaron W. Plyler 

S/ Bob Etheridge S/ Kenneth C, Royall, Jr. 

S/ Sidney A. Locks S/ Melvin L.Watt 

S/ Gerald L. Anderson S/ Anthony E. Rand 

S/ Russell Walker 

Conferees for the Conferees for the Senate 
House of Representatives 

On motion of Senator Plyler, the Conference Report fails of adoption (electronically 
recorded). A message is ordered sent to the House of Representatives informing that 
Honorable Body of such action. 

CALENDAR (Continued) 

H. B. 2081 (Committee Substitute), a bill to expand the North Carolina Center for 
Missing Children to include missing persons. 

The Committee Substitute bill passes its second (electronically recorded) and third 
readings and is ordered enrolled. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Plyler for the Appropriations Committee: 

S. B. 595, a bill to provide victim and witness coordination and assistance in all 
prosecutorial districts of the State, with an unfavorable report as to bill, but favorable as 
to Committee Substitute bill. 

On motion of Senator Rand, the rules are suspended and the Committee Substitute bill, 
which changes the title to read, S. B. 595 (Committee Substitute), a bill to establish fair 
treatment for crime victims and witnesses, is placed before the Senate for immediate 
consideration. 

On motion of Senator Rand, the Committee Substitute bill is adopted. 
The Committee Substitute bill passes its second (electronically recorded) and third 
readings and is ordered sent to the House of Representatives. 

H. B. 1458 (Committee Substitute), a bill to create a Joint Legislative Commission on 
Municipal Incorporations, to review proposals to incorporate new municipalities, as 
amended, with a favorable report. 

On motion of Senator Swain, the rules are suspended and the Committee Substitute 
bill, as amended, is placed before the Senate for immediate consideration. 

The Committee Substitute bill, as amended, passes its second (electronically recorded) 
and third readings and is ordered sent to the House of Representatives for concurrence in 
Senate Amendment No. 1. 

S. B. 846, a bill to provide additional court cost receipts for the supplemental retirement 
of local law enforcement officers, with a favorable report, as amended. 
On motion of Senator Plyler, the rules are suspended and the bill is placed before the 



July 11, 1986 



240 SENATE JOURNAL [Second Session 

Senate for immediate consideration, and on his further motion Committee Amendment 
No. 1 is adopted. 

The bill, as amended, passes its second (electronically recorded) and third readings and 
is ordered, without objection, sent to the House of Representatives by special messenger, 
without engrossment. 

H. B. 2130, a bill concerning local law officers' retirement, with a favorable report, as 
amended. 

On motion of Senator Plyler, the rules are suspended and the bill, as amended, is placed 
before the Senate for immediate consideration. 

The bill, as amended, passes its second (electronically recorded) and third readings and 
is ordered sent to the House of Representatives by special messenger, without engross- 
ment. 

WITHDRAWAL FROM COMMITTEE 

S. B. 873 (House Committee Substitute), a bill to make technical changes in the 
insurance law as recommended by the Insurance Regulation Study Commission. 

On motion of Senator Johnson of Wake, the rules are suspended and the House 
Committee Substitute bill is taken from the Insurance Committee and is placed on the 
Calendar for immediate consideration. 

Senator Johnson of Wake, moves that the Senate do not concur in the House Committee 
Substitute bill and further moves that the President appoint conferees, which motions 
prevail. The Chair defers appointment of conferees. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H. B. 2140 House OF Representatives n^ 

' July 11, 1986 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that the 
House fails to concur in the Senate amendment to H. B. No. 2140, A BILL TO BE 
ENTITLED AN ACT TO PERMIT THE PLACEMENT OF A LITHOTRIPTER, and 
requests conferees. The Speaker has appointed Representatives Nesbitt (Chairman), 
Hauser, Pulley, Ed Warren, and A. Hall on the part of the House to confer with a like 
committee appointed by the Senate to the end that the differences arising may be 
adjusted. 

Respectfully, 

S/ Grace A. Collins ' '. 

Principal Clerk 

Senator Swain moves that the President appoint conferees, which motion prevails. The 
President appoints Senators Swain, Royall, Hardison, Ward, and Hunt of Moore as 
conferees on the part of the Senate and a message is ordered sent to the House of 
Representatives informing that Honorable Body of such action. 

The Chair declares the Senate in recess until 8:30 P.M. for the purpose of committee 
meetings. 



July 11, 1986 



1986] SENATE JOURNAL 241 

EVENING SESSION — 8:30 P.M. 

The Senate meets pursuant to recess and is called to order by the Honorable Robert B. 
Jordan III, Lieutenant Governor. 

RECONSIDERATION 

H. B. 2055 (Committee Substitute), a bill to modify the current operations and capital 
improvements appropriations for North Carolina State Government for the 1986-87 Fiscal 
Year, to appropriate funds for local needs, and to make other changes in the budget 
operation of the State. 

Senator Hipps moves that the vote by which the conference report, submitted earher 
today, failed of adoption be reconsidered, and further moves that the conferees be 
dismissed, and second conferees be appointed, which motions prevail (electronically 
recorded). 

The President appoints Senators Rauch, Goldston, Woodard, Plyler and Watt as second 
conferees on the part of the Senate, and a message is ordered sent to the House of 
Representatives informing that Honorable Body of such action. 

CONFERENCE REPORT 

S. B. 859 

(House Committee Substitute) 

Senator Taft, for the Conferees appointed to consider the differences arising between 
the Senate and House of Representatives upon S. B. 859 (House Committee Substitute), a 
bill to establish the North Carolina Childhood Vaccine-Related Injury Compensation 
Program, submits the following report: 

To the President of the Senate and the 
Speaker of the House of Representatives: 

We, your conferees, appointed to resolve the differences arising between the Senate 
and the House of Representatives on House Committee Substitute for Senate Bill 859, 
Fourth Edition, AN ACT TO ESTABLISH THE NORTH CAROLINA CHILDHOOD 
VACCINE-RELATED INJURY COMPENSATION PROGRAM, wish to report as 
follows: 

The Senate concurs in the House Committee Substitute (Fourth Edition) with the 
following amendments: 

on page 2, lines 10-14, by rewriting those lines to read: 

"(3) 'covered vaccine' means a vaccine administered pursuant to the requirements of 
G. S. 130A-152."; 

and on page 7, line 7, by deleting the word "financial". 

and on page 9, lines 3 and 10, by deleting the word "four" and substituting the word 
"six"; 

and on page 10, line 25, and page 11, line 1, by deleting the word "shall" and substituting 
"may"; 

and on page 11, lines 21-28, and page 12, lines 1-3, by deleting those lines; 

July 11, 1986 



242 SENATE JOURNAL [Second Session 

and on page 11, after line 15, by adding a new section to read: 

"Sec, 3. (a) There is established the Child Vaccine Injury Compensation Fund within 
the Department of Human Resources to finance the North Carohna Childhood Vaccine- 
Related Injury Compensation Program created by this act. The money compensation 
components of all awards made pursuant to Article 17 of Chapter 130A of the General 
Statutes shall be paid by the Department of Human Resources from the Fund. 

(b) Should the Department of Human Resources find that the sum of appropriations and 
receipts is insufficient to meet financial obligations incurred by the Department in the 
administration of this act, the Department may transfer appropriations and receipts 
which would otherwise revert to the General Fund in order to meet such obhgations. The 
Department of Human Resources may also budget anticipated receipts as needed to 
implement this act. 

(c) Of the funds appropriated to the Department of Human Resources, Division of 
Medical Assistance, for fiscal year 1986-87, the Secretary may use up to one hundred 
thousand dollars ($100,000) as start-up funds needed to implement this act and as 
reimbursement to health care providers and facihties operated by the Department of 
Human Resources, or under contract with the Department to provide health care to low 
income children and their families."; 

and on page 11, line 26, by changing the number "3" to "4" and on page 12, line 4, by 
changing the number "6" to "5". 

And the House agrees to the same. 

The Senate concurs in House Amendment #s 1, 3, 4, 5, 7, 8, 9, 10, 11, 12, 14. 

The Senate concurs in House Amendment #13, with an amendment as follows: in House 
Amendment #13 by deleting the words "in favor of the injured party". 

And the House agrees to the same. 

The House recedes from House Amendment #s 6. 

To this end the conferees recommend that the Senate and House of Representatives 
adopt the foregoing report. 

This the nth day of July, 1986. .. 

S/ William W. Staton S/ Alexander M. Hall 

S/ Thomas F. Taft S/ Harry E. Payne, Jr. 

S/ Barney Paul Woodard 
S/ Joe Hackney - 

Conferees for the Senate Conferees for the . - 

House of Representatives 

On motion of Senator Taft, the Conference Report is adopted (electronically recorded) 
and a message is ordered sent to the House of Representatives informing that Honorable 
Body of such action. 



July 11, 1986 



1986] SENATE JOURNAL 243 

CONFERENCE REPORT 

H. B. 2140 

Senator Swain, for the Conferees appointed to consider the differences arising between 
the Senate and House of Representatives upon H. B. 2140, a bill to permit the placement 
of a lithotripter, submits the following Report: 

To the President of the Senate and the 
Speaker of the House of Representatives: 

We, your conferees, appointed to resolve the differences arising between the Senate 
and the House of Representatives on House Bill 2140, A BILL TO BE ENTITLED AN 
ACT TO PERMIT THE PLACEMENT OF A LITHOTRIPTER, wish to report as 
follows: 

The House concurs in Senate Amendment #3 with an amendment: 

Rewrite the amendment in its entirety to read: 

"Amend the bill on page 1, line 1 through the end of the bill to read: 'A BILL TO BE 
ENTITLED AN ACT TO ELIMINATE CERTIFICATES OF NEED FOR 
LITHOTRIPTERS. 
The General Assembly of North Carolina enacts: 

Section 1. G. S. 131E-178(a) is amended by adding the following sentence at the end: 

"No person, acute care hospital, or outpatient facility shall be required to obtain a 
certificate of need for the acquisition of a lithotripter or for the development, offering, or 
operation of a lithotripsy service." 

Sec. 2. G. S. 131E-176(16)g. is amended by deleting the phrase "and Uthotripters". 

Sec. 3. If any phrase or clause of this act is declared unconstitutional by a court of 
competent jurisdiction, it shall not affect the validity of the remainder of this act. 

Sec. 4. This act is effective upon ratification.' " 

The Senate agrees to the same. 

To this end, the conferees recommend that the Senate and House of Representatives 
adopt the foregoing report. 

This the 11th day of July, 1986. 

S/ Robert S. Swain S/ Martin L. Nesbitt 

S/ Kenneth C. Royall, Jr. S/ W. Paul Pulley, Jr. 

S/ Harold W. Harbison S/ Edward N. Warren 

S/ Wanda H. Hunt S/ C. B. Hauser 

Conferees for the Senate Conferees for the 

House of Representatives 

On motion of Senator Swain, the Conference Report is adopted (electronically re- 
corded), changing the title to read, H. B. 2140 , a bill to eliminate certificates of need for 
Uthotripters, and a message is ordered sent to the House of Representatives informing 
that Honorable Body of such action. 



July 11, 1986 



244 SENATE JOURNAL [Second Session 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 

H. B. 981 (Committee Substitute No. 2), a bill to provide immediate medical history and 
specific organ donor information for all licensed drivers and special identification card 
holders in North Carolina. 

Without objection, the Committee Substitute bill No. 2 is placed on the Calendar for the 
next legislative day by the Chair. 

H. B. 2127, a bill to authorize certain housing authorities to provide housing for 
moderate income persons. 
Referred to Judiciary IV Committee. 

On motion of Senator Royall, seconded by Senator Thomas of Craven, the Senate 
adjourns to meet tomorrow, Saturday, July 12, at 9:00 A.M. 



ONE HUNDRED FORTY-SIXTH DAY 

Senate Chamber, 
Saturday, July 12, 1986. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by Senator Watt of Mecklenburg, as follows: 

"Lord — help us conform our realities to our theories. We subscribe to the theory of 
equality clearly set out in the Constitution of this Nation and this State. Help us conform 
our reality to our theory when we encounter others who look different than us. We 
subscribe to the theory of free speech clearly set out in the Constitution of this Nation and 
this State. Help us conform our reality to our theory when others express opinions 
different from ours. 

"We subscribe to Your theories of love, peace, and brotherhood described so clearly in 
the Bible. Help the realities of our lives to reflect love, peace, and brotherhood. Help our 
reality conform to theory, equality, free speech, love, peace, and brotherhood. We strive 
to make Your theory reality in a real world. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence to Senators Barnes, Ezzell, Johnson of Cabar- 
rus, Kincaid, McDuffie, Martin of Pitt, Parnell, Royall, Smith, Staton, and Williams for 
today. 

The President of the Senate extends courtesies of the floor to William G. Smith, former 
Senator from New Hanover County. 

The President of the Senate extends courtesies of the floor to the Honorable Douglas 



July 12, 1986 



1986] SENATE JOURNAL 245 

Wilder, Lieutenant Governor of the Commonwealth of Virginia, who is escorted to the 
Well of the Senate with a standing ovation where he briefly addresses the membership. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H. B. 266 (Senate Committee Substitute), an act to adopt the Revised Uniform Limited 
Partnership Act. (Ch. 989) 

H. B. 578 (Senate Committee Substitute), an act to confirm the establishment of an 
Elevator and Amusement Device Division in the Department of Labor and to set out the 
powers and duties of the Commissioner of Labor dealing with the regulation of elevators, 
amusement devices and related equipment. (Ch. 990) 

H. B. 1004 (Senate Committee Substitute), an act to authorize the Governor to appoint 
two student advisors to the State Board of Education. (Ch. 991) 

H. B. 1557 (Committee Substitute), an act to incorporate the Town of Pleasant Hill. 
(Ch. 992) 

S. B. 939 (House Committee Substitute), an act to provide for expediting child support 
cases as required by federal law. (Ch. 993) 

H. B. 2138, an act to set a convening date for the 1987 Session of the General Assembly. 
(Ch. 994) 

H. B. 2084, an act to clarify the authority to transfer rights in hospital facilities to an 
AHEC Program. (Ch. 995) 

H. B. 2110 (Committee Substitute), an act to establish a penalty for damage to artificial 
reefs and marking devices to identify reefs. (Ch. 996) 

H. B. 978 (Committee Substitute), an act to amend G. S. 20-127. (Ch. 997) 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Harrington for the Ways and Means Committee: 

H. B. 1445 (Senate Committee Substitute), a bill authorizing the Secretary of Revenue 
to permit retailers and users who remit sales and use taxes on a semimonthly basis to file 
estimated returns, and requiring that interest be waived for certain sales tax returns, 
with a favorable report. 

On motion of Senator Harrington, the Senate Committee Substitute bill is placed on the 
Calendar for today for further consideration. 

H. B. 1100 (Senate Committee Substitute), a bill to establish the Radiation Technology 
Practice Act, with a favorable report, as amended. 
On motion of Senator Harrington, the rules are suspended and the Senate Committee 



July 12, 1986 



246 SENATE JOURNAL [Second Session 

Substitute bill, as amended, is placed before the Senate for immediate consideration, and 
on his further motion. Committee Amendment No. 2 is adopted. 

On motion of Senator Harrington, the Senate Committee Substitute bill, as amended, is 
placed on the Calendar for today for further consideration. 

CONFERENCE REPORT 

H. B. 286 

(Senate Committee Substitute) • -:' jv 

Senator Soles, for the Conferees appointed to consider the differences arising between 
the Senate and House of Representatives upon H. B. 286 (Senate Committee Substitute), 
a bill to protect the confidentiality of financial records, submits the following Report: 

To the President of the Senate and the . a ti 

Speaker of the House of Representatives: 

We, your conferees, appointed to resolve the differences arising between the Senate 
and the House of Representatives on Senate Committee Substitute for House Bill 286 
(Fourth Edition Engrossed), A BILL TO BE ENTITLED AN ACT TO PROTECT THE 
CONFIDENTIALITY OF FINANCIAL RECORDS, wish to report as follows: 

The House concurs in the Senate Committee Substitute (Fourth Edition Engrossed) 
with the following amendments: 

(1) on page 8, line 7, by deleting the phrase "is an affirmative" and substituting "shall be 
a"; and 

(2) on page 8, line 12, by rewriting the line to read "1986."; ' 

And the Senate agrees to the same. 

To this end, the conferees recommend that the Senate and House of Representatives 
adopt the foregoing report. 

This the 12th day of July 1986. 

S/ R. C. Soles, Jr. S/ Daniel Blue 

S/ William D. GoLDSTON, Jr. S/ Anne Barnes - 

S/ Anthony E. Rand ,x,^ S/ Milton F. Fitch, Jr. -; .',^V' 

S/ Dennis J. Winner S/ Bertha Holt , > '■■ 

S/ Martin Lancaster 
Conferees for the Senate ^ Conferees for the 

House of Representatives ->■, . 

On motion of Senator Soles, the Conference Report is adopted (electronically recorded) 
and a message is ordered sent to the House of Representatives informing that Honorable 
Body of such action. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTAIVES - 

The following special message is received from the House of Representatives: ' 

H. B. 2136, a bill to estabhsh the Office of the State Controller. ; ., f '■ v 

Referred to State Government Committee. 



July 12, 1986 



1986] SENATE JOURNAL 247 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

H. B. 2116, a bill to assist in financing of agriculture, as amended, upon third reading. 

The bill, as amended, passes its third reading by roll-call vote, ayes 26, noes 0, as 
follows: 

Voting in the affirmative: Senators Basnight, Cobb, Conder, Goldston, Hipps, Hunt of 
Durham, Hunt of Moore, Johnson of Wake, Kaplan, Martin of Guilford, McDowell, Price, 
Redman, Shaw, Soles, Speed, Swain, Taft, Tally, Thomas of Craven, Thomas of Hender- 
son, Walker, Ward, Warren, Winner, and Woodard — 26. 

Voting in the negative: None. 

The bill, as amended, is ordered sent to the House of Representatives for concurrence in 
Senate Amendment No. 1 by special messenger. 

H. B. 981 (Committee Substitute No. 2), a bill to provide immediate medical history and 
specific organ donor information for all licensed drivers and special identification card 
holders in North Carolina. 

On motion of Senator Plyler, the Committee Substitute bill No. 2 is re-referred to the 
Appropriations Committee. 

H. B. 1445 (Senate Committee Substitute), a bill authorizing the Secretary of Revenue 
to permit retailers and users who remit sales and use taxes on a semimonthly basis to file 
estimated returns, and requiring that interest be waived for certain sales tax returns. 

The Senate Committee Substitute bill passes its second (electronically recorded) and 
third readings and is ordered sent to the House of Representatives for concurrence in the 
Senate Committee Substiute bill. 

Senator Rand requests to be recorded voting "aye." 

WITHDRAWALS FROM COMMITTEE 

S. B. 1295 (House Committee Substitute), a bill to make technical and conforming 
amendments to the Administrative Procedure Act. 

On motion of Senator Hipps the rules are suspended and, without objection, the House 
Committee Substitute bill is taken from the Judiciary I Committee and is placed on the 
Calendar for immediate consideration. 

Senator Hipps, moves that the Senate do not concur in the House Committee Substitute 
bill and further moves that the President appoint conferees, which motions prevail. 

The President appoints Senators Hipps, Rand, and Walker as conferees on the part of 
the Senate to resolve the differences arising between the two Bodies, and a message is 
ordered sent to the House of Representatives informing that Honorable Body of such 
action and requesting conferees. 

H. B. 2127, a bill to authorize certain housing authorities to provide housing for 
moderate income persons. 

On motion of Senator Soles, the rules are suspended and, without objection, the bill is 
taken from the Judiciary IV Committee and is placed on the Calendar for immediate 
consideration. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 



July 12, 1986 



248 SENATE JOURNAL [Second Session 

H. B. 1665 (Committee Substitute), a bill to authorize cities in Mecklenburg County to 
levy a motor vehicle tax not to exceed twenty dollars. 

On motion of Senator Rauch, the rules are suspended and the Committee Substitute bill 
is taken from the Finance Committee and placed on the Calendar for immediate consider- 
ation, upon second reading. 

The Committee Substitute bill passes its second reading by roll-call vote, ayes 31, 
noes 2, as follows: 

Voting in the affirmative: Senators Basnight, Cobb, Conder, Goldston, Guy, Hardison, 
Harrington, Hipps, Hunt of Durham, Hunt of Moore, Johnson of Wake, Kaplan, Martin of 
Guilford, Marvin, McDowell, Plyler, Rand, Rauch, Simpson, Speed, Swain, Taft, Tally, 
Thomas of Craven, Thomas of Henderson, Walker, Ward, Warren, Watt, Winner, and 
Woodard— 31. 

Voting in the negative: Senators Redman and Shaw — 2. 

The Committee Substitute bill remains on the Calendar for further consideration upon 
third reading. 

H. B. 982, a bill to clarify the ability of contractors to sponsor dinners or other social 
events at meetings of professional organizations. 

On motion of Senator Guy, the rules are suspended and, without objection, the bill is 
taken from the State Government Committee and placed on the Calendar for immediate 
consideration. 

On motion of Senator Rand, the bill is temporarily displaced. ' : ' 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H. B. 917, a bill to require parental or judicial consent for unemancipated minor's 
abortion. 
Referred to Judiciary IV Committee. 

The Chair declares the Senate in recess until 11:30 A.M. for the purpose of committee 
meetings. 

MORNING SESSION — 11:30 A.M. 

The Senate meets pursuant to recess and is called to order by the Honorable Robert B. 
Jordan III, Lieutenant Governor. 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 

H. B. 286 House of Representatives 

(Senate Committee Substitute) July 12, 1986 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that the 
House has adopted the report of the Conferees on Sen Com H. B. No. 286, A BILL TO BE 
ENTITLED AN ACT TO PROTECT THE CONFIDENTIALITY OF FINANCIAL 



July 12, 1986 



1986] SENATE JOURNAL 249 

RECORDS, to the end that when a similar action has been taken on the part of the Senate, 
we will order the bill enrolled. 

Respectfully, 

S/ Grace A. Collins 
Principal Clerk 

S. B. 859 House of Representatives 

(House Committee Substitute) July 12, 1986 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that the 
House has adopted the report of the Conferees on HCS for S. B. No. 859, A BILL TO BE 
ENTITLED AN ACT TO ESTABLISH THE NORTH CAROLINA CHILDHOOD 
VACCINE-RELATED INJURY COMPENSATION PROGRAM, to the end that when 
a similar action has been taken on the part of the Senate, you may order the bill enrolled. 

Respectfully, 

S/ Grace A. Collins 

Principal Clerk 

The House Committee Substitute bill is ordered enrolled. 

H. B. 1970 House of Representatives 

July 12, 1986 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that the 
House has adopted the report of the Conferees on H. B. No. 1970, A BILL TO BE 
ENTITLED AN ACT TO INCREASE THE FEES FOR COMMUNITY SERVICE, to 
the end that when a similar action has been taken on the part of the Senate, we will order 
the bill enrolled. 

Respectfully, 

S/ Grace A. Collins 

Principal Clerk 

S. B. 1295 House of Representatives 

(House Committee Substitute) July 12, 1986 

Mr. President: 

Pursuant to your information that your Honorable Body failed to concur in House Com. 
Sub. S. B. No. 1295, A BILL TO BE ENTITLED AN ACT TO MAKE AMENDMENTS 
TO THE ADMINISTRATIVE PROCEDURE ACT, the Speaker has appointed as 
conferees on the part of the House, Representatives Pulley (Chairman), Evans, and 
Ballance to act with a like committee on the part of the Senate to the end that the 
differences existing between the two bodies may be adjusted. 

Respectfully, 

S/ Grace A. Collins 

Principal Clerk 



July 12, 1986 



250 SENATE JOURNAL [Second Session 

S. B. 1306 House of Representatives 

(House Committee Substitute) July 12, 1986 

Mr. President: 

Pursuant to your information that your Honorable Body failed to concur in House 
Comm. Sub. to S. B. No. 1306, A BILL TO BE ENTITLED AN ACT TO MAKE 
CERTAIN CHANGES IN THE WATER POLLUTION LAWS OF NORTH CAROLI- 
NA, the Speaker has appointed as conferees on the part of the House, Representatives 
Hackney (Chairman), Bowman, and Diamont to act with a hke committee on the part of 
the Senate to the end that the differences existing between the two bodies may be 
adjusted. 

Respectfully, 

'•<. - ■ S/ Grace A. Collins 

Principal Clerk 

H. B. 2130 House of Representatives 

July 12, 1986 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that the 
House fails to concur in the Senate amendment to H. B. No. 2130, A BILL TO BE 
ENTITLED AN ACT CONCERNING LOCAL LAW OFFICERS' RETIREMENT, 
and requests conferees. The Speaker has appointed Representatives Mavretic (Chair- 
man), Miller, Beall, DeVane, and Watkins on the part of the House to confer with a like 
committee appointed by the Senate to the end that the differences arising may be 
adjusted. 

Respectfully, 

S/ Grace A. Collins , 

Principal Clerk 

Senator Plyler moves that the President appoint conferees, which motion prevails. The 
President appoints Senators Plyler, Marvin, Warren, Hardison, and Kaplan as conferees 
on the part of the Senate and a message is ordered sent to the House of Representatives 
informing that Honorable Body of such action. 

WITHDRAWAL FROM COMMITTEE 

H. B. 2136 , a bill to estabUsh the Office of the State Controller. 

Senator Guy offers a motion that the rules be suspended to the end that the bill be taken 
from the State Government Committee and placed before the Senate for immediate 
consideration, which motion he subsequently withdraws. 

CONFERENCE REPORT 

H. B. 1970 

Senator Rand, for the Conferees appointed to consider the differences arising between 
the Senate and House of Representatives upon H. B. 1970, a bill to increase the fees for 
community service, submits the following Report: 



July 12, 1986 



1986] SENATE JOURNAL 251 

To the President of the Senate and the 
Speaker of the House of Representatives: 

We, your conferees, appointed to resolve the differences arising between the Senate 
and the House of Representatives on House Bill 1970, A BILL TO BE ENTITLED AN 
ACT TO INCREASE THE FEES FOR COMMUNITY SERVICE, wish to report as 
follows: 

The House concurs in Senate Amendment #1, with an amendment as follows: 

Rewrite the amendment in its entirety to read: 

"Amend the bill on page 2, line 4, by rewriting that Une to read: 

'Sec. 5. G. S. 15A-1371(i) is amended by adding a new sentence at the end to read: "The 
fee imposed under this section may be paid as prescribed by the supervising parole 
officer." 

Sec. 6. G. S. 15A-1380.2(i) is amended by adding a new sentence at the end to read: "The 
fee imposed under this section may be paid as prescribed by the supervising parole 
officer." 

Sec. 7. This act shall become effective August 1,.' " 

The Senate agrees to the same. 

To this end, the conferees recommend that the Senate and House of Representatives 
adopt the foregoing report. 

This 11 day of July, 1986. 

S/ Ollie Harris S/ Daniel T. Blue, Jr. 

S/ Anthony E. Rand S/ H. Martin Lancaster 

S/ Kenneth C. Royall, Jr. S/ Robert C. Hunter 

S/ Marshall A. Rauch S/ William T. Watkins 

S/ Marc Basnight S/ Christopher S. Barker, Jr. 

Conferees for the Senate Conferees for the 

House of Representatives 

On motion of Senator Rand, the Conference Report is adopted (electronically recorded) 
and a message is ordered sent to the House of Representatives informing that Honorable 
Body of such action. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H. B. 2140 House of Representatives 

July 12, 1986 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that the 



July 12, 1986 



252 SENATE JOURNAL [Second Session 

House has adopted the report of the Conferees on H. B. 2140, A BILL TO BE ENTI- 
TLED AN ACT TO ELIMINATE CERTIFICATES OF NEED FOR LITHOTRIP- 
TERS, to the end that when a similar action has been taken on the part of the Senate, we 
will order the bill enrolled. 

Respectfully, - ► ' 

8/ Grace A. Collins . ■< 

Principal Clerk 

CALENDAR (Continued) 

H. B. 982, a bill to clarify the ability of contractors to sponsor dinners or other social 
events at meetings of professional organizations. 

On motion of Senator Guy, further consideration of the bill is postponed until Monday, 
July 14. 

On motion of Senator Thomas of Henderson, the bill is taken from the Calendar of 
Monday, July 14, and is re-referred to the Appropriations Committee. 

H. B. 1100 (Senate Committee Substitute), a bill to establish the Radiation Technology 
Practice Act. 

Senator Speed offers a motion that the Senate Committee Substitute bill be placed on 
the Calendar for Monday, July 14, for further consideration, which motion he sub- 
sequently withdraws. 

The Chair temporarily displaces the Senate Committee Substitute bill for the prepara- 
tion of copies of amendments to be distributed to the membership. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S. B. 595 (Committee Substitute), an act to establish fair treatment for crime victims 
and witnesses. (Ch. 998) 

H. B. 829 (Senate Committee Substitute), an act to deter organized criminal activity 
and convert the various properties and property rights employed therein to pubUc 
purposes by imposing civil sanctions on racketeer influenced and corrupt organizations. 
(Ch. 999) 

H. B. 2081 (Committee Substitute), an act to expand the North CaroUna Center for 
Missing Children to include missing persons. (Ch. 1000) 

H. B. 2140, an act to eliminate certificates of need for hthotripters. (Ch. 1001) 

On motion of Senator Harrington, seconded by Senator Simpson, the Senate adjourns 
to meet Monday, July 14, at 5:00 P.M. 



ONE HUNDRED FORTY-SEVENTH DAY 

Senate Chamber, 
Monday, July 14, 1986. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

July 14, 1986 



1986] SENATE JOURNAL 253 

Prayer is offered by Dr. Samuel D. McMillan, Jr. , Senate Chaplain, as follows: 

"0 God of Reason, guide the members of the House and Senate as they seek to reach a 
compromise on budget proposals, insurance bills, and other issues that are holding up 
adjournment of the General Assembly. 

"Inspire all our Senators and Representatives to act with integrity and reason; grant 
that all our deliberations may be characterized by honesty, good will, and a cooperative 
spirit; and through the cross currents of the complicated political process, grant that Your 
Spirit may be at work, and that the action taken in the closing hours of this General 
Assembly may serve the best interest of all the people of our State, not simply the interest 
of special interest groups. 

"0 God in whose Image we are made, help us to remember that we are accountable unto 
Thee for all that we do and say in every arena of lives; and grant that we may live such lives 
of integrity and compassion, that we will bring honor to Your Name — this day, and every 
day of our lives. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of Saturday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence to Senators Ezzell, Parnell, Royall, Smith, 
Staton, Martin of Pitt and Thomas of Henderson for tonight. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H. B. 286 (Senate Committee Substitute), an act to protect the confidentiality of 
financial records. (Ch. 1002) 

H. B. 1458 (Committee Substitute), an act to create a Joint Legislative Commission on 
Municipal Incorporations, to review proposals to incorporate new municipalities. 
(Ch. 1003) 

H. B. 2127, an act to authorize certain housing authorities to provide housing for 
moderate income persons. (Ch. 1004) 

S. B. 906, an act providing that retail food establishments are not manufacturers for 
sales tax purposes. (Ch. 1005) 

S. B. 1305, an act to provide that district judges shall be appointed within sixty days 
after nominations are submitted. (Ch. 1006) 

H. B. 1445 (Senate Committee Substitute), an act authorizing the Secretary of Revenue 
to permit retailers and users who remit sales and use taxes on a semimonthly basis to file 
estimated returns, and requiring that interest be waived for certain sales tax returns. 
(Ch. 1007) 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 



July 14, 1986 



254 SENATE JOURNAL [Second Session 

together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Plyler for the Appropriations Committee: < :• 

S. B. 293, a bill to require health assessments for kindergarten children in the pubUc 
schools, with a favorable report, as amended. 

On motion of Senator Plyler, the rules are suspended and the bill is placed on tonight's 
Calendar for consideration. . 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

H. B. 1665 (Committee Substitute), a bill to authorize cities in Mecklenburg County to 
levy a motor vehicle tax not to exceed twenty dollars, upon third reading. 

The Committee Substitute bill passes its third reading by roll-call vote, ayes 37, noes 2, 
as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Conder, Goldston, Guy, Hardi- 
son, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, 
Johnson of Wake, Kaplan, Kincaid, Martin of Guilford, Marvin, McDowell, McDuffie, 
Plyler, Price, Rand, Rauch, Shaw, Simpson, Soles, Speed, Swain, Taft, Tally, Thomas of 
Craven, Walker, Ward, Warren, Watt, Williams, and Woodard — 37. 

Voting in the negative: Senators Sawyer and Somers — 2. 

The Committee Substitute bill is ordered enrolled. 

S. B. 293, a bill to require health assessments for kindergarten children in the public 
schools, as amended, upon third reading. 

On motion of Senator Plyler, Committee Amendment No. 4 is adopted. 

The bill, as amended, passes its third reading (electronically recorded) and is ordered, 
without objection, sent to the House of Representatives by special messenger, without 
engrossment of Amendment No. 4. 

H. B. 1100 (Senate Committee Substitute), a bill to establish the Radiation Technology 
Practice Act, as amended, upon second reading. 

The point of order raised as to the assessment report required by Senate Rule 42.3 
being attached to the bill jacket, the Chair rules no report attached. 

The Chair rules the Senate Committee Substitute bill, as amended, is not properly 
before the Senate upon second reading. 

Senator Hardison offers a motion that the Senate Committee Substitute bill, as 
amended, be recommitted to the Ways and Means Committee. 

Senator Hardison amends his motion, previously offered, to recommit the Senate 
Committee Substitute bill, as amended, to the Ways and Means Committee for the 
assessment report to be added at that point, which motion prevails. 

The Chair orders the Senate Committee Substitute bill, as amended, recommitted to 
the Ways and Means Committee. 

WITHDRAWAL FROM COMMITTEE 

H. B. 2136, a bill to estabhsh the Office of the State Controller. 
On motion of Senator Guy, the rules are suspended and the bill is taken from the State 
Government Committee and placed on the Calendar for tomorrow, July 15. 



July 14, 1986 



1986] SENATE JOURNAL 255 

RECALL FROM THE HOUSE OF REPRESENTATIVES 

H. B. 2116, a bill to assist in financing of agriculture. 

Senator Warren offers a motion that the bill be recalled from the House of Representa- 
tives for further consideration, which motion prevails. 

The Chair orders a message sent to the House of Representatives recalling the bill for 
further considerations. 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 

S. B. 881 (Committee Substitute), a bill to make substantive changes in the insurance 
law as recommended by the Insurance Regulation Study Commission, for concurrence in 
House Amendment No. 1. 

On motion of Senator Johnson of Wake, the rules are suspended, without objection, and 
the Committee Substitute bill is placed before the Senate for immediate consideration. 

On motion of Senator Johnson of Wake, the Senate concurs in House Amendment No. 1 
(electronically recorded) and the Committee Substitute bill is ordered enrolled. 

H. B. 1511 House of Representatives 

(Senate Committee Substitute) July 14, 1986 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that the 
House fails to concur in the Senate Committee Sub H. B. 1511, A BILL TO BE ENTI- 
TLED AN ACT TO REVISE THE RATING AND CLASSIFICATION PLANS AND 
THE RATEMAKING PROCEDURE FOR NONFLEET PRIVATE PASSENGER 
MOTOR VEHICLE INSURANCE; TO MAKE REVISIONS AND IMPROVEMENTS 
IN THE REGULATION OF COMMERCIAL PROPERTY AND LIABILITY IN- 
SURANCE RATES; TO REQUIRE REPORTS FROM INSURERS AND TO AU- 
THORIZE THE INSURANCE COMMISSIONER TO MODIFY RATES IF STATU- 
TORY CHANGES IN CIVIL LAW AFFECT INSURERS' EXPERIENCE; TO 
MAKE CHANGES IN CERTAIN INSURANCE MARKET PRACTICES FOR THE 
BENEFIT OF CONSUMERS; AND TO IMPLEMENT CERTAIN RECOMMENDA- 
TIONS OF THE LIABILITY AND PROPERTY INSURANCE MARKETS STUDY 
COMMISSION and requests conferees. The Speaker has appointed Representatives 
Nesbitt (Chairman); Wicker, Anderson, Beard, Blue, Hasty, Hightower, Lineberry, and 
Pulley on the part of the House to confer with a hke committee appointed by the Senate to 
the end that the differences arising may be adjusted. 

Respectfully, 

S/ Grace A. Collins 

Principal Clerk 

Senator Barnes moves that the President appoint confereees, which motion prevails. 
The President appoints Senators Barnes, Johnson of Wake, Hardison, Kincaid, and Plyler 
as conferees on the part of the Senate and a message is ordered sent to the House of 
Representatives informing that Honorable Body of such action. 



July 14, 1986 



256 SENATE JOURNAL [Second Session 

APPOINTMENT OF CONFEREES 

S. B. 873 (Committee Substitute), a bill to make technical changes in the insurance law 
as recommended by the Insurance Regulation Study Commission. 

Pursuant to the motion requesting conferees offered by Senator Johnson of Wake on 
July 11, the President appoints Senators Barnes, Johnson of Wake, Hardison, Kincaid, 
and Plyler as conferees on the part of the Senate and a message is ordered sent to the 
House of Representatives informing that Honorable Body of such action. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Barnes for the Judiciary I Committee: 

H. B. 1190 (Committee Substitute), a bill to establish policies to preserve farmland, 
with an unfavorable report as to Committee Substitute bill, but favorable as to Senate 
Committee Substitute bill. 

On motions of Senator Hipps, the rules are suspended and the Senate Committee 
Substitute bill is placed before the Senate for immediate consideration, adopted, held not 
to be material, and on his further motion, without objection, remains on the Calendar for 
consideration upon second reading. 

The Senate Committee Substitute bill passes its second reading by roll-call vote, 
ayes 39, noes 2, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Conder, Goldston, 
Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Johnson of Wake, Kaplan, Martin of Guilford, Marvin, McDowell, McDuffie, 
Plyler, Rand, Rauch, Redman, Shaw, Simpson, Soles, Somers, Speed, Swain, Taft, Tally, 
Thomas of Craven, Walker, Ward, Warren, Watt, Williams, Winner, and Woodard — 39. 

Voting in the negative: Senators Price and Sawyer — 2. 

The Senate Committee Substitute bill remains on the Calendar for further considera- 
tion upon third reading. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H. B. 2116, a bill to assist in financing of agriculture, as amended, recalled from the 
House of Representatives for further consideration. Senator Warren offers a motion that 
the vote by which the bill, as amended, passed third reading be reconsidered, which 
motion prevails. 

Senator Warren offers Amendment No. 2 which is adopted (electronically recorded). 

The bill, as amended, passes its third reading by roll-call vote, as follows: Voting in the 
affirmative: Senators Ballenger, Barnes, Basnight, Conder, Goldston, Guy, Hardison, 
Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Kaplan, Martin of Guilford, 
Marvin, McDowell, McDuffie, Plyler, Price, Rand, Rauch, Redman, Shaw, Simpson, 
Soles, Speed, Swain, Taft, Tally, Walker, Ward, Warren, Watt, Williams, and Wood- 
ard— 35. 

Voting in the negative: Senators Sawyer and Somers — 2. The bill, as amended, is 
ordered returned to the House of Representatives for concurrence in Senate Amend- 
ments No. 1 and No. 2, without objection, by special messenger. 

H. B. 2141, a bill authorizing studies by the Legislative Research Commission, and to 
make other amendments affecting the Railroad Negotiating Commission. 
Referred to Rules and Operation of the Senate Committee. 



July 14, 1986 



1986] SENATE JOURNAL 257 

WITHDRAWAL FROM COMMITTEE 

H. B. 917, a bill to require parental or judicial consent for unemancipated minor's 
abortion. 

Senator Soles offers a motion that the bill be taken from the Judiciary IV Committee 
and placed before the Senate for immediate consideration. 

Senator Taft rises to a point of order as to the necessity of three days notice to the 
Senate for such motion. The Chair rules the motion in order by the Chairman of the 
Committee with the recall provision of three days notice for the primary sponsor of a 
measure. 

The motion offered by Senator Soles fails to prevail (electronically recorded). 

H. B. 975 a bill to allow counties to create law enforcement service districts. 

Senator Soles offers a motion to the end that the rules be suspended and the bill be taken 
from the Judiciary IV Committee and placed before the Senate for immediate considera- 
tion, which motion fails to prevail (electronically recorded). 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

S. B. 924 House of Representatives 

(Committee Substitute) July 14, 1986 

Mr. President: 

Pursuant to your information that your Honorable Body failed to concur in House 
Amendment to S. B. 924, A BILL ENTITLED AN ACT TO ACHIEVE GREATER 
CONSISTENCY AND EQUITY IN THE SETTING OF CHILD SUPPORT OBLIGA- 
TION AMOUNTS THROUGH THE USE OF GUIDELINES, the Speaker has 
appointed as conferees on the part of the House, Representatives Blue, Wright and 
Hackney to act with a Hke committee on the part of the Senate to the end that the 
differences existing between the two bodies may be adjusted. 

Respectfully, 

S/ Grace A. Collins 
Principal Clerk 

CONFERENCE REPORT 

S. B. 924 

(Committee Substitute) 

Senator Marvin, for the Conferees appointed to consider the differences arising be- 
tween the Senate and the House of Representatives upon S. B. 924 (Committee Sub- 
stitute), a bill to achieve greater consistency and equity in the setting of child support 
obligation amounts through the use of guidelines, submits the following report: 

To the President of the Senate and the 
Speaker of the House of Representatives: 

We, your conferees, appointed to resolve the differences arising between the Senate 
and the House of Representatives on S. B. 924 (2nd Edition), A BILL TO BE ENTI- 
TLED AN ACT TO ACHIEVE GREATER CONSISTENCY AND EQUITY IN THE 



July 14, 1986 



258 SENATE JOURNAL [Second Session 

SETTING OF CHILD SUPPORT OBLIGATION AMOUNTS THROUGH THE USE 
OF GUIDELINES, wish to report as follows: 

The Senate concurs in House Amendment No. 1, and the Senate and House agree to the 
following amendments: 

on page 1, line 9, by insert between the words "statewide" and "guidelines" the word 
"advisory"; 

and on page 1, line 10, by inserting between the words "obligations" and "as" the words 
"of each parent"; 

and on page 1, line 11, by adding the following at the end of that line to read: 

"Such advisory guidelines may provide for variations of the amount of support recom- 
mended based on one or more of the following: 

(1) The special needs of the child, including physical and emotional health needs, 
educational needs, day-care costs, or needs related to the child's age. 

(2) Any shared physical custody arrangements or extended or unusual visitation 
arrangements. 

(3) A party's other support obligations to a current or former household, including the 
payment of alimony. 

(4) A party's extremely low or extremely high income, such that application of the 
guidelines produces an amount that is clearly too high in relation to the party's own needs 
or the child's needs. 

(5) A party's intentional suppression or reduction of income, hidden income, income 
that should be imputed to a party, or a party's substantial assets. 

(6) Any support that a party is providing or will be providing other than by periodic 
money payments, such as lump sum payments, possession of a residence, payment of a 
mortgage, payment of medical expenses, or provision of health insurance coverage. 

(7) A party's own special needs, such as unusual medical or other necessary expenses. 

(8) Any other factor the court finds to be just and proper. 

Notwithstanding the foregoing, the court shall hear evidence and from the evidence 
find the facts relating to the reasonable needs of the child for support and the relative 
ability of each parent to pay support."; 

and on page 3, line 12, by deleting the year "1986" and substituting the year "1987". 

To this end, the conferees recommend that the Senate and House of Representatives 
adopt the foregoing report. 

This the 14th day of July, 1986. 

S/ Helen R. Marvin S/ Daniel T. Blue, Jr. . . 

S/ Charles W. Hipps S/ Joe Hackney 

S/ Dennis J. Winner - S/ Richard Wright 

Conferees for the Senate Conferees for the - ' 

House of Representatives 



July 14, 1986 



1986] SENATE JOURNAL 259 

On motion of Senator Marvin, the Conference Report is adopted (electronically re- 
corded) and a message is ordered sent to the House of Representatives informing that 
Honorable Body of such action. 

The President recognizes the following pages serving in the Senate this week: Joey 
Bateman, Manteo; Melissa Brown, Raleigh; Sheila Chalk, Raleigh; Doug Holbrook, 
Raleigh; Melanie Johnson, Raleigh; Belinda Keller, Manteo; Toni Keller, Manteo; Burke 
Koonce, Raleigh; Jimmy McClure, Charlotte; Barissa Rodgers, Raleigh; Minionette 
Rodgers, Raleigh; Johnny Willey, Manteo. 

On motion of Senator Harrington, seconded by Senator Woodard, the Senate adjourns 
to meet Tuesday, July 15, at 10:00 A.M. 



ONE HUNDRED FORTY-EIGHTH DAY 

Senate Chamber, 
Tuesday, July 15, 1986. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan HI, Lieutenant Governor. 

Prayer is offered by Dr. Samuel D. McMillan, Jr. , Senate Chaplain, as follows: 

"0 God of the Nations, we thank Thee for the high and holy privilege which has been 
ours to serve the people of this great State in this political arena; and we thank Thee for 
Thy grace and strength which have sustained us through the long days of this short 
session of the General Assembly. 

"0 God of Integrity, we thank Thee for those Senators who have served faithfully in this 
Chamber, but who are not running for re-election in the fall. We thank Thee for their 
service to this Body and their contribution to the life of our State; and we pay Thy special 
blessing upon them as they devote their time and energies to other endeavors. 

"0 God of Love, guide us now in the closing hours of this short session, and grant that all 
that we do and say may be pleasing in Thy sight. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence to Senators Cobb, Ezzell, Smith, Staton, and 
Martin of Pitt for today. 

The President grants courtesies of the floor to Conrad R. Duncan, Jr., former Senator 
from Rockingham County. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 



July 15, 1986 



260 SENATE JOURNAL [Second Session 

S. B. 1306 House of Representatives 

(House Committee Substitute) July 14, 1986 -: 

Mr. President: '' • 

It is ordered that a message be sent your Honorable Body with the information that the 
Speaker has appointed new conferees on House Committee Substitute to S. B. 1306. 
Representatives Bob Etheridge, Bruce Ethridge, and Marie Colton will serve on the part 
of the House. 

(HCS for SB 1306 AN ACT TO MAKE CERTAIN CHANGES IN THE WATER 
POLLUTION LAWS OF NORTH CAROLINA.) 

Respectfully, 

S/ Grace A. Collins 

Principal Clerk 

CONFERENCE REPORT 

S. B. 1306 

(House Committee Substitute) 

Senator Harris, for the Conferees appointed to consider the differences arising between 
the Senate and House of Representatives upon S. B. 1306 (House Committee Substitute), 
a bill to make certain changes in the water pollution laws of North Carolina, submits the 
following Report: 

To the President of the Senate and the 
Speaker of the House of Representatives: 

We, your conferees, appointed to resolve the differences arising between the Senate 
and the House of Representatives on House Committee Substitute to Senate Bill 1306, A 
BILL TO BE ENTITLED "AN ACT TO MAKE CERTAIN CHANGES IN THE 
WATER POLLUTION LAWS OF NORTH CAROLINA," wish to report as follows: 

That the Senate concurs in the House Committee Substitute with the following amend- 
ments to that Committee Substitute: 

on page 2, line 20 through page 3, Hne 13 delete Sections 7 and 8 in their entirety and 
substitute the following: 

"Sec. 7. This act is effective upon ratification." 

To this end, the conferees recommend that the Senate and House of Representatives 
adopt the foregoing report. 

This the 15th day of July, 1986. 

S/ Ollie Harris S/ Bob Etheridge 

S/ Tim McDowell S/ Bruce Ethridge 

S/ Marie Colton 
Conferees for the Senate Conferees for the 

House of Representatives 



July 15, 1986 



1986] SENATE JOURNAL 261 

On motion of Senator Harris, the Conference Report is adopted (electronically re- 
corded), changing the title as reflected above, and a message is ordered sent to the House 
of Representatives informing that Honorable Body of such action. 

CONFERENCE REPORT 

H. B. 2055 

(Committee Substitute) 

Senator Rauch, for the Conferees appointed to consider the differences arising between 
the Senate and House of Representatives upon H. B. 2055 (Committee Substitute), a bill 
to modify the current operations and capital improvements appropriations for North 
Carolina State Government for the 1986-87 Fiscal Year, to appropriate funds for local 
needs, and to make other changes in the budget operation of the State, submits the 
following Report: 

To the President of the Senate and the 
Speaker of the House of Representatives: 

We, your conferees, appointed to resolve the differences arising between the Senate 
and the House of Representatives on Committee Substitute for House Bill 2055, AN ACT 
TO MODIFY THE CURRENT OPERATIONS AND CAPITAL IMPROVEMENTS 
APPROPRIATIONS FOR NORTH CAROLINA STATE GOVERNMENT FOR THE 
1986-87 FISCAL YEAR, TO APPROPRIATE FUNDS FOR LOCAL NEEDS, AND 
TO MAKE OTHER CHANGES IN THE BUDGET OPERATION OF THE STATE, 
wish to report as follows: 

The House concurs in the following Senate amendments: #s 5, 6, 7, 8, 11, 12, 14, and 15. 

The House concurs in Senate Amendment #2 with an amendment: add the following at 
the end of Senate Amendment #2: "and further moves to amend the bill on page 158, line 
24 by adding before the word 'grant' the word 'State' ". 

The House concurs in Senate Amendment #4 with an amendment: add the following at 
the end of the last paragraph: "This paragraph applies only to the funds allocated under 
this section." 

The Senate agrees to the same. 

To this end, the conferees recommend that the Senate and House of Representatives 
adopt the foregoing report. 

This the nth day of July 1986. 

S/ William T. Watkins S/ Marshall A. Rauch 

S/ Bob Etheridge S/ William D. Goldston, Jr. 

S/ Gerald L. Anderson " S/ Wilma C. Woodard 

S/ Daniel T. Blue, Jr. S/ Aaron W. Plyler - 

S/ Melvin L. Watt 

Conferees for the Confereees for the Senate 
House of Representatives 



July 15, 1986 



262 SENATE JOURNAL [Second Session 

On motion of Senator Rauch, the Conference Report is adopted (electronically re- 
corded) and a message is ordered sent to the House of Representatives informing that 
Honorable Body of such action. ,^ . 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: , 

By Senator Barnes for the Judiciary I Committee: 

S. B. 726 (House Committee Substitute), a bill to abohsh certain executive branch 
boards and to consohdate the functions of other boards and to create the Administrative 
Rules Review Commission, with an unfavorable report as to concurrence. 

On motion of Senator Barnes, the rules are suspended and the House Committee 
Substitute bill is placed before the Senate for immediate consideration, for concurrence. 

Senator Barnes moves that the Senate do not concur in the House Committee Sub- 
stitute bill and further moves that the President appoint conferees, which motions prevail 
(electronically recorded). 

The President appoints Senators Barnes, Winner, and Warren as conferees on the part 
of the Senate to resolve the differences arising between the two bodies, and a message is 
ordered sent to the House of Representatives informing that Honorable Body of such 
action and requesting conferees. 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 

S. B. 873 House of Representatives 

(House Committee Substitute) July 14, 1986 

Mr. President: 

Pursuant to your information that your Honorable Body failed to concur in House Com. 
Sub. to S. B. No. 873, A BILL TO BE ENTITLED AN ACT TO REVISE THE RATING 
AND CLASSIFICATION PLANS AND THE RATEMAKING PROCEDURE FOR 
NONFLEET PRIVATE PASSENGER MOTOR VEHICLE INSURANCE: TO MAKE 
REVISIONS AND IMPROVEMENTS IN THE REGULATION OF COMMERCIAL 
PROPERTY AND LIABILITY INSURANCE RATES: TO REQUIRE REPORTS 
FROM INSURERS AND TO AUTHORIZE THE INSURANCE COMMISSIONER 
TO MODIFY RATES IF STATUTORY CHANGES IN CIVIL LAW AFFECT IN- 
SURERS' EXPERIENCE: TO MAKE CHANGES IN CERTAIN INSURANCE 
MARKET PRACTICES FOR THE BENEFIT OF CONSUMERS: AND TO MAKE 
TECHNICAL CHANGES IN THE INSURANCE LAWS, AND TO MAKE 
CHANGES IN RULE 11 (a) OF THE RULES OF CIVIL PROCEDURE, the Speaker 
has appointed as conferees on the part of the House, Representatives Nesbitt (Chairman), 
Wicker, Anderson, Beard, Blue, Hasty, Hightower, Lineberry, and Pulley to act with a 



July 15, 1986 



1986] SENATE JOURNAL 263 

like committee on the part of the Senate to the end that the differences existing between 
the two bodies may be adjusted. 

Respectfully, 

S/ Grace A. Collins 

Principal Clerk 

S. B. 924 House of Representatives 

July 14, 1986 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that the 
House has adopted the report of the Conferees on S. B. No. 924, A BILL TO BE 
ENTITLED AN ACT TO ACHIEVE GREATER CONSISTENCY AND EQUITY IN 
THE SETTING OF CHILD SUPPORT OBLIGATION AMOUNTS THROUGH THE 
USE OF GUIDELINES, to the end that when a similar action has been taken on the part 
of the Senate, you may order the bill enrolled. 

Respectfully, 

S/ Grace A. Collins 

Principal Clerk 

The bill is ordered enrolled. 

H. B. 2055 House of Representatives 

(Committee Substitute) July 14, 1986 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that the 
House has adopted the report of the Conferees on Com. Sub. for H. B. No. 2055, A BILL 
TO BE ENTITLED AN ACT TO MODIFY THE CURRENT OPERATIONS AND 
CAPITAL IMPROVEMENTS APPROPRIATIONS FOR NORTH CAROLINA 
STATE GOVERNMENT FOR THE 1986-87 FISCAL YEAR, TO APPROPRIATE 
FUNDS FOR LOCAL NEEDS, AND TO MAKE OTHER CHANGES IN THE 
BUDGET OPERATION OF THE STATE, to the end that when a simialr action has been 
taken on the part of the Senate, we will order the bill enrolled. 

Respectfully, 

S/ Grace A, Collins 

Principal Clerk 

S. B. 846, a bill to provide additional court cost receipts for the supplemental retirement 
of local law enforcement officers, for concurrence in House Amendment No. 1. 

On motion of Senator Plyler, the rules are suspended, and the bill is placed before the 
Senate for immediate consideration. 

On motion of Senator Plyler, the Senate concurs (electronically recorded) in House 
Amendment No. 1 and the bill is ordered enrolled. 

H. B. 2131 (Committee Substitute), a bill to make changes in the Comprehensive Major 
Medical Plan for Teachers and State Employees. 



July 15, 1986 



264 SENATE JOURNAL [Second Session 

On motion of Senator Plyler, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration. 

On motion of Senator Plyler, the rules are suspended to the end that Sam Byrd of the 
General Assembly staff is extended the courtesies of the floor for the purpose of assisting 
with the explanation of the Committee Substitute bill. 

Without objection, and on the motion of Senator Plyler, the Committee Substitute bill is 
temporarily displaced. 

CONFERENCE REPORT 

H. B. 2130 . 

Senator Plyler, for the Conferees appointed to consider the differences arising between 
the Senate and House of Representatives upon H. B. 2130, a bill concerning local law 
officers' retirement, submits the following Report: 

To the President of the Senate and the ' 

Speaker of the House of Representatives: 

We, your conferees, appointed to resolve the differences arising between the Senate 
and the House of Representatives on House Bill 2130 (as amended), A BILL TO BE 
ENTITLED AN ACT CONCERNING LOCAL LAW OFFICERS' RETIREMENT, 
wish to report as follows: 

The Senate recedes from Senate amendments #s 1 and 2, and the House and Senate 
agree to the following amendments: 

on page 1, lines 13 through 20, by rewriting those lines to read: "Section 1. Effective 
July 1, 1987, G. S. 143-166.50(e) is amended by adding a new sentence at the end of the 
first paragraph to read: 'From July 1, 1987, until July 1, 1988, local government employers 
of law enforcement officers shall contribute an amount equal to at least two percent (2%) of 
participating local officers' monthly compensation to the Supplemental Retirement In- 
come Plan to be credited to the designated individual accounts of participating local 
officers; and on and after July 1, 1988, local government employers of law enforcement 
officers shall contribute an amount equal to five percent (5%) of participating local officers' 
monthly compensation to the Supplemental Retirement Income Plan to be credited to the 
designated individual accounts of participating local officers.' "; 

on page 2, line 17, by rewriting Section 3 to read: 

"Sec. 3. This act is effective upon ratification." 

To this end, the conferees recommend that the Senate and House of Representatives 
adopt the foregoing report. 

This the 15 day of July, 1986. ^ • .' / ' 

S/ Aaron W. Plyler S/ Josephus Lyman Mavretic v- '-: 

S/ Harold W. Harbison S/ George W. Miller, Jr. ' - 

S/ Helen Rhyne Marvin S/ Charles M. Beall < ■ 

S/ Robert Davis Warren S/ Daniel Howard DeVane 

S/Ted Kaplan ' . ; ' . , ,, 

Conferees for the Senate Conferees for the 

House of Representatives 



July 15, 1986 



1986] SENATE JOURNAL 265 

On motion of Senator Plyler, the Conference Report is adopted (electronically re- 
corded) and a message is ordered sent to the House of Representatives informing that 
Honorable Body of such action. 

CONFERENCE REPORT 

S. B. 1295 

Senator Hipps, for the Conferees appointed to consider the differences arising between 
the Senate and House of Representatives upon S. B. 1295, a bill to make amendments to 
the Administrative Procedure Act, submits the following Report: 

To the President of the Senate and the 
Speaker of the House of Representatives: 

We, your conferees, appointed to resolve the differences arising between the Senate 
and the House of Representatives on Senate Bill 1295 (3rd Edition), A BILL TO BE 
ENTITLED AN ACT TO MAKE AMENDMENTS TO THE ADMINISTRATIVE 
PROCEDURE ACT, wish to report as follows: 

The Senate concurs in Senate Bill 1295 (3rd edition) with the following amendments: 

(1) on page 5, line 15, by adding " ';" immediately after the period at the end; 

(2) on page 5, lines 16 through 20, by deleting those lines; 

(3) on page 6, Unes 9 thorugh 25, by deleting those Unes; 

(4) by renumbering the remaining subsections in Section 1 accordingly; and 

(5) on page 9, line 12, by deleting the phrase "an employee grievance,". 

And the House agrees to the same. 

To this end, the conferees recommend that the Senate and House of Representatives 
adopt the foregoing report. 

This the 15th day of July, 1986. 

S/ Charles W. Hipps S/ W. Paul Pulley, Jk. 

S/ Anthony E. Rand S/ Frank W. Ballance, Jr. 

S/ Russell Walker S/ Charles D. Evans 

Conferees for the Senate Conferees for the 

House of Representatives 

On motion of Senator Hipps, the Conference Report is adopted (electronically recorded) 
and a message is ordered sent to the House of Representatives informing that Honorable 
Body of such action. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 



July 15, 1986 



266 SENATE JOURNAL [Second Session 

S. B. 1306 House of Representatives 

(House Committee Substitute) July 15, 1986 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that the 
House has adopted the report of the Conferees on House Com. Sub. S. B. No. 1306, A 
BILL TO BE ENTITLED AN ACT TO MAKE CERTAIN CHANGES IN THE 
WATER POLLUTION LAWS OF NORTH CAROLINA, to the end that when a similar 
action has been taken on the part of the Senate, you may order the bill enrolled. 

Respectfully, 

S/ Grace A. Collins 
Principal Clerk 

The House Committee Substitute bill is ordered enrolled. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H. B. 968 (Committee Substitute), a bill to provide roads to the future — Part 2. 

On motion of Senator Plyler, the rules ar suspended to the end that Douglas Carter of 
the Fiscal Research staff is extended the courtesies of the floor for the purpose of assisting 
with the explanation of the Committee Substitute bill. 

On motion of Senator Plyler, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration. 

The Committee Substitute bill passes its second (electronically recorded) and third 
readings and is ordered enrolled. 

CALENDAR 

H. B. 2131 (Committee Substitute), a bill to make changes in the Comprehensive Major 
Medical Plan for Teachers and State Employees. 

The Committee Substitute bill passes its second (electronically recorded) and third 
readings and is ordered enrolled. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H. B. 1482, a bill to appropriate funds to repair the dam at the Betsy-Jeff Penn 4-H 
Center and to provide for a full-time director at the Center. 

On motion of Senator Plyler, the rules are suspended, and the bill is placed before the 
Senate for immediate consideration. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

CALENDAR (Continued) 

H. B. 1190 (Senate Committee Substitute), a bill to establish pohcies to preserve 
farmland, upon third reading. 



July 15, 1986 



1986] SENATE JOURNAL 267 

Senator Hipps offers Amendment No. 1 which is adopted (electronically recorded). 

The Senate Committee Substitute bill, as amended, passes its third reading by roll-call 
vote, ayes 37, noes 1, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Conder, Goldston, 
Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Kaplan, 
Kincaid, Martin of Guilford, Marvin, McDowell, McDuffie, Plyler, Rand, Redman, 
Sawyer, Shaw, Simpson, Soles, Somers, Speed, Swain, Taft, Tally, Thomas of Craven, 
Walker, Ward, Warren, Williams, Winner, and Woodard — 37. 

Voting in the negative: Senator Price — 1. 

The Senate Committee Substitute bill, as amended, is ordered sent to the House of 
Representatives for concurrence in the Senate Committee Substitute bill, without 
engrossment, by special messenger. 

H. B. 2136, a bill to establish the Office of the State Controller. 

On motion of Senator Guy, the rules are suspended to the end that the Honorable 
Edward Renfrew, State Auditor, is extended the courtesies of the floor for the purpose of 
assisting with the explanation of the bill. 

The bill passes its second reading (electronically recorded). 

On motion of Senator Winner, the bill is temporarily displaced. 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 

S. B. 1295 House of Representatives 

July 15, 1986 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that the 
House has adopted the report of the Conferees on S. B. No. 1295, A BILL TO BE 
ENTITLED AN ACT TO MAKE AMENDMENTS TO THE ADMINISTRATIVE 
PROCEDURE ACT, to the end that when a similar action has been taken on the part of 
the Senate, you may order the bill enrolled. 

Respectfully, 

S/ Grace A. Collins 

Principal Clerk 

The bill is ordered enrolled. 

H. B. 2130 House of Representatives 

July 15, 1986 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that the 
House has adopted the report of the Conferees on H. B. No. 2130, A BILL TO BE 
ENTITLED AN ACT CONCERNING LOCAL LAW OFFICERS' RETIREMENT, to 
the end that when a similar action has been taken on the part of the Senate, we will order 
the bill enrolled. 

Respectfully, 
' S/ Grace A. Collins 

Principal Clerk 

July 15, 1986 



268 SENATE JOURNAL [Second Session 

The Chair declares the Senate in recess until 12:15 P.M. for the purpose of committee 
meetings. 

AFTERNOON SESSION — 12:15 P.M. 

The Senate meets pursuant to recess and is called to order by the Honorable Robert B. 
Jordan III, Lieutenant Governor. ^^ , ,!■ 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S. B. 859 (House Committee Substitute), an act to estabhsh the North Carolina 
Childhood Vaccine-Related Injury Compensation Program. (Ch. 1008) 

H. B. 1665 (Committee Substitute), an act to authorize cities in Mecklenburg County to 
levy a motor vehicle tax not to exceed twenty dollars. (Ch. 1009) 

H, B. 810 (Senate Committee Substitute), an act to repeal the act calHng for a referen- 
dum on gubernatorial succession. (Ch.lOlO) 

H. B. 2116, an act to assist in financing of agriculture. (Ch. 1011) 

H. B. 1970, an act to increase the fees for community service. (Ch. 1012) 

S. B. 881 (Committee Substitute), an act to make substantive changes in the insurance 
law as recommended by the Insurance Regulation Study Commission. (Ch. 1013) 

WITHDRAWAL FROM COMMITTEE 

H. B. 2107, a bill to appoint persons to various public offices upon the recommendation 
of the Speaker of the House of Representatives. 

On motion of Senator Harrington, the rules are suspended and the bill is taken from the 
Rules and Operation of the Senate Committee and placed on the Calendar for immediate 
consideration. 

Senator Harrington offers Amendment No. 1 which is adopted (electronically re- 
corded). 

The bill, as amended, passes its second (electronically recorded) and third readings and 
is ordered sent to the House of Representatives for concurrence in Senate Amendment 
No. 1. 

H. B. 2141, a bill authorizing studies by the Legislative Research Commission, and to 
make other amendments affecting the Railroad Negotiating Commission. 

On motion of Senator Harrington, the rules are suspended and the bill is taken from the 
Rules and Operation of the Senate Committee and placed on the Calendar for immediate 
consideration. 

Senator Harris calls for the "ayes" and "noes", which motion he subsequently with- 
draws. 

Senator Harris offers Amendment No. 1. Upon the call for a division, the Chair divides 
Amendment No. 1 into Part A and Part B. Part A of Amendment No. 1 fails of adoption 



July 15, 1986 



1986] SENATE JOURNAL 269 

(electronically recorded). Part B of Amendment No. 1 fails of adoption (electronically 
recorded). 

Senator Winner offers Amendment No. 2 which is adopted (electronically recorded). 

Senator Redman offers Amendment No. 3 which is adopted (electronically recorded). 

The bill, as amended, passes its second reading (electronically recorded). 

On objection of Senator Harris to the third reading, the bill, as amended, remains on the 
Calendar for further consideration upon third reading. 

CALENDAR (Continued) 

H. B. 2136, a bill to establish the Office of the State Controller, upon third reading. 
The bill passes its third reading (electronically recorded) and is ordered enrolled. 

WITHDRAWAL FROM COMMITTEE 

H. B. 1100 (Senate Committee Substitute), a bill to establish the Radiation Technology 
Practice Act. 

Senator Harrington offers a motion to suspend the rules to take the Senate Committee 
Substitute bill from the Ways and Means Committee and place it before the Senate for 
immediate consideration. 

Senator Harris calls for the "ayes" and "noes" on the motion. The call is sustained. The 
motion fails to prevail for lack of a two-thirds majority by roll-call vote, ayes 22, noes 13, 
as follows: 

Voting in the affirmative: Senators Basnight, Conder, Goldston, Guy, Harrington, 
Hunt of Durham, Hunt of Moore, Kaplan, Martin of Guilford, Marvin, McDowell, Rand, 
Soles, Taft, Tally, Thomas of Craven, Walker, Ward, Warren, Watt, Winner, and 
Woodard— 22. 

Voting in the negative: Senators Harris, Hipps, Johnson of Cabarrus, McDuffie, Price, 
Rauch, Sawyer, Shaw, Simpson, Somers, Speed, Swain, and WilHams — 13. 

The Chair declares the Senate in recess until 2:15 P.M. for the purpose of committee 
meetings. 

AFTERNOON SESSION — 2:15 P.M. 

The Senate meets pursuant to recess and is called to order by the Honorable Robert B. 
Jordan HI, Lieutenant Governor. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H. B. 2055 (Committee Substitute), an act to modify the current operations and capital 
improvements appropriations for North Carolina State Government for the 1986-87 Fiscal 
Year, to appropriate funds for local needs, and to make other changes in the budget 
operation of the State. (Ch. 1014) 

RE-REFERRAL 

H. B. 479 (Committee Substitute No. 2), a bill to ratify the bailment surcharge which 
pays for the operating budget of alcohol law enforcement. 



July 15, 1986 



270 SENATE JOURNAL [Second Session 

On motion of Senator Plyler, the Committee Substitute bill No. 2 is taken from the 
Appropriations Commtittee and re-referred to the Finance Committee. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

S. B. 726 House OF Representatives -- ■? 

(House Committee Substitute) July 15, 1986 

Mr. President: 

Pursuant to your information that your Honorable Body failed to concur in House Com. 
Sub. to S. B. No. 726, A BILL TO BE ENTITLED AN ACT TO ABOLISH CERTAIN 
EXECUTIVE BRANCH BOARDS AND TO CONSOLIDATE THE FUNCTIONS OF 
OTHER BOARDS AND TO CREATE THE ADMINISTRATIVE RULES REVIEW 
COMMISSION, the Speaker has appointed as conferees on the part of the House, 
Representatives Pulley (Chairman), Lancaster, and Miller to act with a like committee on 
the part of the Senate to the end that the differences existing between the two bodies may 
be adjusted. 

:;, ... Respectfully, -^ . 

S/ Grace A. Collins •. ■ ^. 

Principal Clerk ; ; 



REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Soles for the Judiciary IV Committee: 

H. B. 917, a bill to require parental or judicial consent for unemancipated minor's 
abortion, with a favorable report. 

On motion of Senator Soles, the bill is re-referred to the Appropriations Committee. 

RECONSIDERATION 

H. B. 2141, a bill authorizing studies by the Legislative Research Commission, and to 
make other amendments affecting the Railroad Negotiating Commission, as amended, 
upon third reading. 

Senator Harris withdraws his objection to the third reading of the bill, as amended. 

Senator Martin of Guilford moves that the vote by which Amendment No. IB failed of 
adoption be reconsidered, which motion prevails. 

Without objection. Senator Harris withdraws Part B of Amendment No. 1. 

Senator Martin of Guilford offers Amendment No. 4 which is adopted (electronically 
recorded). 

Senator Kaplan offers Amendment No. 5 which is adopted (electronically recorded). 

Senator Barnes offers Amendment No. 6 which is adopted (electronically recorded). 

The bill, as amended, passes its third reading (electronically recorded) and is ordered. 



July 15, 1986 



1986] SENATE JOURNAL 271 

without objection, sent to the House of Representatives for concurrence in Senate 
Amendments No. 2, No. 3, No. 4, No. 5, and No. 6, by special messenger. 

The President recognizes Senator Watt for a point of personal privilege. On motion of 
Senator Martin of Guilford, seconded by Senator Harris, the remarks of Senator Watt are 
spread upon the Journal, as follov^^s: 

"Thank you, Mr. President, members of the Senate. 

"In the trial of a case, when all the evidence is in and you've done the best you can do, 
you make your closing statement. This will be my closing statement, and I hope you will 
indulge me for a minute or two while I let it flow. 

"We are all products of history, of our own history. What we are today is as a result of 
what we were yesterday, the experiences we have had, what we have been exposed to, 
what has been right with us, what has been wrong with us in the past — and I am no 
exception to that. I'm probably a better rule than an exception to that philosophy. 

"Over 40 years ago, I had the distinct good fortune of being born black and so I've lived 
in that for my entire life and I've had the opportunity over this session and last session to 
speak to you, both collectively and individually, about things that are important to black 
people. 

"I also had the distinct good fortune of being born poor, in a house that had no running 
water, no electricity — that I could look down and see the ground and look up and see the 
sky through the tin roof. And so it is that I've had the opportunity over last session and 
this session to speak to you collectively and individually on behalf of people who are poor. 
And I've had the opportunity to introduce or be one of the sponsors of the Housing Trust 
Fund bill, which was converted to a study commission, which I hope you will see fit to 
pursue and follow after my tenure has passed. 

"I've had the distinct bad fortune — maybe good fortune — over my life of being the 
subject of prejudice. I remember very well the first day I arrived at the University of 
North Carolina. I had two white roommates. I walked into the room. I dropped my 
bags — they picked up their bags and they left. When I was about to decide where to go to 
law school, I had the opportunity to apply for a Morehead Scholarship at a time before the 
Morehead Scholarship process had opened up, and knowing that it would be meaningless 
for me to apply, I went through the process anyway — not disappointed as a result. And so 
it is that I have had the opportunity over last session and this session to speak to you 
individually and collectively about prejudice and the effects of prejudice. 

"And as a result of that last Morehead experience, I had the distinct good fortune of 
leaving the State of North Carolina for a brief period of time to attend the Yale University 
Law School; and there I studied under the renowned constitutional theorists, both liberal 
and conservative, to understand the importance that our Constitution means in this 
country. And so it is that I have had the opportunity to speak to you individually and 
collectively about preserving the Constitution and the importance of the Constitution in 
that system. 

"I also had the fortune — or misfortune — of being born into a broken home, and it is for 
that reason that I think that last year I had to come face-to-face with a very difficult 
decision that ultimately led me to withdraw from the political scene at this point. Because 



July 15, 1986 



272 SENATE JOURNAL [Second Session 

years ago I said to myself, 'If I ever become a father, I want to spend time with my 
children.' 

"Those are things in my history that perhaps now will help you understand better where 
I've come from and the perspective that I have brought to this Body. Those are things that 
I have talked to you about individually and collectively. 

"There's one thing that I haven't necessarily talked to you about that I want to raise 
today. I had the distinct good fortune of being born in North Carolina, and I want you to 
know I love this State. I love this State. And it was for that reason, that given the 
opportunity to go anywhere else in this country to practice law, I decided I can make my 
best mark right here in North Carolina — in a place that I love. There's one thing that's 
troubled me about being in this process — that's troubling to me because I do love North 
Carolina — that I haven't had the opportunity to speak on, and that is the tremendous 
sectionalism that I have seen expressed in this Body and across the hall from us. The East, 
the West, the Piedmont — bickering, jealous of each other, saying to each other, 'What's 
good for you ain't necessarily good for me.' When I know full- well that what's good for 
Charlotte and Greensboro and Winston-Salem and Raleigh is good for the State, just as 
what's good for Manteo and Murphy and Fayetteville and the East and the West is what's 
good for the State. We are one. And if I could leave one message with this Body, I would 
say, 'What's good for one of us is good for all of us in this State.' 

"Now, I've told you that I'm a product of history and you will very soon become a part of 
that history. There is not a person in this room that has not had a profound — profound 
impact on me during the time that I have been here. Some of you have had an impact 
because we were learning together. Senator Taft, my seatmate; the other freshmen. 
Senator Goldston and Ralph Hunt, and a number of other freshmen. All of us were 
learning together. 

"Some of you have had an impact on me because of your tremendous ability to speak and 
influence others — Senator Swain and others. 

"Some of you have had a tremendous impact on me because of your willingness to teach 
and give of information regardless of whether you agreed with the positions I had or not. 
Sylvia and your staff, to the entire staff of the Legislature, Senator Royall, Senator 
Hardison, Senator — all my — I'm going to — I'm not even going to be able to name every- 
body that falls into that category. 

"Some of you have had a profound impact on me because of your ability and willingness 
to lead — the Lieutenant Governor, Senator Rand, Senator Plyler, Senator Ranch. Some 
of you have had a profound impact on me because of your quiet decency — Senator Tally, 
Senator Ward, Senator Walker, and others; Senator Warren I want to put in that 
category. 

And others have had a profound impact on me because of the genuine friendships I have 
been able to develop with you — Senator Kaplan, others around the room; Senator Martin, 
Senator Hunt. Every one of you has had an impact on me. 

"There's a final category. Some of you have had a tremendous impact on me because you 
have expressed a different perspective. Senator Harris, I respect you greatly; and others. 

"And what that has given me is a better appreciation for the First Amendment and for 



July 15, 1986 



1986] SENATE JOURNAL 273 

the diversity of this State because I've had to Usten and try to appreciate the perspective 
of others who come from a different history than I come from. And that's what this Body is 
all about. 

"I want to bring this to a close. My mother is a tremendous person. When we were 
growing up, we had nothing but everybody used to congregate at our house. She was a 
giving person — is a giving person, I took five people to have lunch with her on Sunday — 
just showed up and she spread the table and she didn't need any notice that we were 
coming. And that's significant because while we didn't have much while I was growing up, 
we had friends, and those friends were always welcome in our house. 

"I want to say to each and every one of you, you all have become my friend and you will 
always be welcome in my house. Thank you." 

Members of the Senate, visitors in the gallery, and legislative staff honor Senator Watt 
with a standing ovation. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S. B. 846 an act to provide additional court cost receipts to the supplemental retirement 
of local law enforcement officers. (Ch, 1015) 

S. B. 924 (Committee Substitute), an act to achieve greater consistency and equity in 
the setting of child support obUgation amounts through the use of guidelines. (Ch. 1016) 

S. B. 293, an act to require health assessments for kindergarten children in the public 
schools. (Ch. 1017) 

H. B. 968 (Committee Substitute), an act to provide roads to the future — Part 2. 
(Ch. 1018) 

H. B. 2130, an act concerning local law officers' retirement. (Ch. 1019) 

H. B. 2131 (Committee Substitute), an act to make changes in the Comprehensive 
Major Medical Plan for Teachers and State Employees. (Ch. 1020) 

H. B. 1482, an act to appropriate funds to repair the dam at the Betsy-Jeff Penn 4-H 
Center and to provide for a full-time director at the Center. (Ch. 1021) 

S. B. 1295 (House Committee Substitute), an act to make technical and conforming 
amendments to the Administrative Procedure Act. (Ch. 1022) 

S. B. 1306 (House Committee Substitute), an act to make certain changes in the water 
pollution laws of North CaroUna. (Ch. 1023) 

H. B. 2136, an act to establish the Office of the State Controller. (Ch. 1024) 

CONFERENCE REPORT 

S. B. 873 
Senator Barnes, for the Conferees appointed to consider the differences arising be- 



July 15, 1986 



274 SENATE JOURNAL [Second Session 

tween the Senate and House of Representatives upon S. B. 873, a bill to revise the rating 
and classification plans and the ratemaking procedure for nonfleet private passenger 
motor vehicle insurance; to make revisions and improvements in the regulation of com- 
mercial property and liability insurance rates; to require reports from insurers and to 
authorize the Insurance Commissioner to modify rates if statutory changes in civil law 
affect insurers' experience; to make changes in certain insurance market practices for the 
benefit of consumers; and to make technical changes in the insurance laws, and to make 
changes in Rule 11(a) of the Rules of Civil Procedure, submits the following Report: 

To the President of the Senate and the 
Speaker of the House of Representatives: 

We, your conferees, appointed to resolve the differences arising between the Senate 
and the House of Representatives on Senate Bill 873, A BILL TO BE ENTITLED AN 
ACT TO REVISE THE RATING AND CLASSIFICATION PLANS AND THE 
RATEMAKING PROCEDURE FOR NONFLEET PRIVATE PASSENGER MOTOR 
VEHICLE INSURANCE; TO MAKE REVISIONS AND IMPROVEMENTS IN THE 
REGULATION OF COMMERCIAL PROPERTY AND LIABILITY INSURANCE 
RATES; TO REQUIRE REPORTS FROM INSURERS AND TO AUTHORIZE THE 
INSURANCE COMMISSIONER TO MODIFY RATES IF STATUTORY CHANGES 
IN CIVIL LAW AFFECT INSURERS' EXPERIENCE; TO MAKE CHANGES IN 
CERTAIN INSURANCE MARKET PRACTICES FOR THE BENEFIT OF CON- 
SUMERS; AND TO MAKE TECHNICAL CHANGES IN THE INSURANCE LAWS, 
AND TO MAKE CHANGES IN RULE 11(a) OF THE RULES OF CIVIL PRO- 
CEDURE, wish to report as follows: 

The Senate concurs in the House Committee Substitute with the following amendment: 
delete the entire House Committee Substitute and substitute the attached proposed 
conference committee substitute PCCS-3648, A BILL TO BE ENTITLED AN ACT TO 
REVISE THE RATING AND CLASSIFICATION PLANS AND THE RATEMAK- 
ING PROCEDURE FOR NONFLEET PRIVATE PASSENGER MOTOR VEHICLE 
INSURANCE; TO MAKE REVISIONS AND IMPROVEMENTS IN THE REGULA- 
TION OF COMMERCIAL PROPERTY AND LIABILITY INSURANCE RATES; TO 
REQUIRE REPORTS FROM INSURERS AND TO AUTHORIZE THE IN- 
SURANCE COMMISSIONER TO MODIFY RATES IF STATUTORY CHANGES IN 
CIVIL LAW AFFECT INSURERS' EXPERIENCE; TO MAKE CHANGES IN CER- 
TAIN INSURANCE MARKET PRACTICES FOR THE BENEFIT OF CON- 
SUMERS; AND TO MAKE TECHNICAL CHANGES IN THE INSURANCE LAWS, 
AND TO MAKE CHANGES IN RULES 8(a) (2) AND 11(a) OF THE RULES OF CIVIL 
PROCEDURE. 

And the House agrees to the same. 

To this end, the conferees recommend that the Senate and House of Representatives 
adopt the foregoing report. 

Senator Hardison and Senator Kincaid respectfully dissent. 



July 15, 1986 



1986] SENATE JOURNAL 275 

This 15th day of July, 1986. 

S/ Henson p. Barnes S/ Martin L. Nesbitt 

S/ Joseph E. Johnson S/ Dennis A. Wicker 

S/ Aaron W. Plyler S/ Gerald L. Anderson 

S/ R. D. Beard 
S/ Daniel T. Blue, Jr. 
S/ John Calvin Hasty 

S/ FOYLE HiGHTOWER 

S/ Albert S. Lineberry, Sr. 
S/ W. Paul Pulley, Jr. 
Conferees for the Senate Conferees for the 

House of Representatives 

The Chair orders the signatures of Senator Hardison and Senator Kincaid stricken from 
the report. 

On motion of Senator Barnes, the Conference Report is adopted (electronically re- 
corded), which changes the title, as indicated above, and a message is ordered sent to the 
House of Representatives informing that Honorable Body of such action. 

The text attached to the Conference Report on S. B. 873 is as follows: 

A BILL TO BE ENTITLED 

AN ACT TO REVISE THE RATING AND CLASSIFICATION PLANS AND THE 
RATEMAKING PROCEDURE FOR NONFLEET PRIVATE PASSENGER 
MOTOR VEHICLE INSURANCE; TO MAKE REVISIONS AND IM- 
PROVEMENTS IN THE REGULATION OF COMMERCIAL PROPERTY AND 
LIABILITY INSURANCE RATES; TO REQUIRE REPORTS FROM INSUR- 
ERS AND TO AUTHORIZE THE INSURANCE COMMISSIONER TO MODIFY 
RATES IF STATUTORY CHANGES IN CIVIL LAW AFFECT INSURERS' 
EXPERIENCE; TO MAKE CHANGES IN CERTAIN INSURANCE MARKET 
PRACTICES FOR THE BENEFIT OF CONSUMERS; AND TO MAKE TECH- 
NICAL CHANGES IN THE INSURANCE LAWS, AND TO MAKE CHANGES 
IN RULES 8(a) (2) AND 11(a) OF THE RULES OF CIVIL PROCEDURE. 

The General Assembly of North Carolina enacts: 

Section 1. Article 12B of General Statutes Chapter 58 is amended by adding a new 
section to read: 

"§ 58-124.31. Classifications and Safe Driver Incentive Plan for nonfleet private 
passenger motor vehicle insurance. — (a) The Bureau shall file, subject to review, 
modification, and promulgation by the Commissioner, such rate classifications, schedules, 
or rules that the Commissioner deems to be desirable and equitable to classify drivers of 
nonfleet private passenger motor vehicles for insurance purposes. Subsequently, the 
Commissioner may require the Bureau to file modifications of the classifications, sched- 
ules, or rules. If the Bureau does not file the modifications within a reasonable time, the 
Commissioner may promulgate the modifications. In promulgating or modifying these 
classifications, schedules, or rules, the Commissioner may give consideration to the 
following: 

(1) Uses of vehicles, including without hmitation to farm use, pleasure use, 
driving to and from work, and business use; 



July 15, 1986 



276 SENATE JOURNAL [Second Session 

(2) Principal and occasional operation of vehicles; 

(3) Years of driving experience of insureds as licensed drivers; ' > 

(4) The characteristics of vehicles; or 

(5) Any other factors, not in conflict with any law, deemed by the Commissioner 
to be appropriate. 

(b) The Bureau shall file, subject to review, modification, and promulgation by the 
Commissioner, a Safe Driver Incentive Plan ('Plan') that adequately and factually distin- 
guishes among various classes of drivers that have safe driving records and various 
classes of drivers that have a record of chargeable accidents; a record of convictions of 
major moving traffic violations; a record of convictions of minor moving traffic violations; 
or a combination thereof; and that provides for premium differentials among those classes 
of drivers. Subsequently, the Commissioner may require the Bureau to file modifications 
of the Plan. If the Bureau does not file the modifications within a reasonable time, the 
Commissioner may promulgate the modifications. The Commissioner is authorized to 
structure the Plan to provide for surcharges above and discounts below the rate otherwise 
charged. 

(c) The classifications and Plan filed by the Bureau shall be subject to the filing, 
hearing, modification, approval, disapproval, review, and appeal procedures provided by 
law. The classifications or Plan filed by the Bureau and promulgated by the Commissioner 
shall of itself not be designed to bring about any increase or decrease in the overall rate 
level, 

(d) Whenever any policy loses any safe driver discount provided by the Plan or is 
surcharged due to an accumulation of points under the Plan, the insurer shall, pursuant to 
rules adopted by the Commissioner, prior to or simultaneously with the billing for 
additional premium, inform the named insured of the surcharge or loss of discount by 
mailing to such insured a notice that states the basis for the surcharge or loss of discount, 
and that advises that upon receipt of a written request from the named insured it will 
promptly mail to the named insured a statement of the amount of increased premium 
attributable to the surcharge or loss of discount. The statement of the basis of the 
surcharge or loss of discount is privileged, and does not constitute grounds for any cause of 
action for defamation or invasion of privacy against the insurer or its representatives, or 
against any person who furnishes to the insurer the information upon which the insurer's 
reasons are based, unless the statement or furnishing of information is made with malice 
or in bad faith. 

(e) Records of convictions for moving traffic violations to be considered under the 
safe driver plans under G. S. 58-30.4 and this section shall be obtained at least annually 
from the Division of Motor Vehicles and applied by the Bureau's member companies in 
accordance with rules to be estabhshed by the Bureau. 

(f) The Bureau is authorized to establish reasonable rules providing for the ex- 
change of information among its member companies as to chargeable accidents and similar 
information involving persons to be insured under policies. Neither the Bureau, any 
employee of the Bureau, nor any company or individual serving on any committee of the 
Bureau has any liability for defamation or invasion of privacy to any person arising out of 
the adoption, implementation, or enforcement of any such rule. No insurer or individual 



July 15, 1986 



1986] SENATE JOURNAL 277 

requesting, furnishing, or otherwise using any information that such insurer or person 
reasonably believes to be for purposes authorized by this section has any liability for 
defamation or invasion of privacy to any person on account of any such requesting, 
furnishing, or use. The immunity provided by this subsection does not apply to any acts 
made with malice or in bad faith. 

(g) If an applicant for the issuance or renewal of a nonfleet private passenger motor 
vehicle insurance policy knowingly makes a material misrepresentation of the years of 
driving experience or the driving record of any named insured or of any other operator 
who resides in the same household and who customarily operates a motor vehicle to be 
insured under the policy, the insurer may: 

(1) Cancel or refuse to renew the pohcy; 

(2) Surcharge the policy in accordance with rules to be adopted by the Bureau 
and approved by the Commissioner; or 

(3) Recover from the applicant the appropriate amount of premium or sur- 
charge that would have been collected by the insurer had the applicant 
furnished the correct information." 

Sec. 2. G. S. 58-124.20(d) is rewritten to read: 

"(d) With respect to the filing of rates for nonfleet private passenger motor vehicle 
insurance, the Bureau shall, on or before July 1 of each year, or later with the approval of 
the Commissioner, file with the Commissioner the experience, data, statistics, and 
information referred to in subsection (c) of this section and any proposed adjustments in 
the rates for all member companies of the Bureau. The filing shall include, where deemed 
by the Commissioner to be necessary for proper review, the data specified in subsections 
(c), (e), (g) and (h) of this section. Any filing that does not contain the data required by this 
subsection may be returned to the Bureau and not be deemed a proper filing. Provided, 
however, that if the Commissioner concludes that a filing does not constitute a proper 
filing he shall promptly notify the Bureau in writing to that effect, which notification shall 
state in reasonable detail the basis of the Commissioner's conclusion. The Bureau shall 
then have a reasonable time to remedy the defects so specified. An otherwise defective 
filing thus remedied shall be deemed to be a proper and timely filing, except that all 
periods of time specified in this Article will run from the date the Commissioner receives 
additional or amended documents necessary to remedy all material defects in the original 
filing." 

Sec. 3. G. S. 58-124.20 is amended by adding three new subsections to read: 

"(g) The following information must be included in policy form, rule, and rate filings 
under this Article and under Article 25A of this Chapter: 

(1) A detailed list of the rates, rules, and pohcy forms filed, accompanied by a 
list of those superseded; and 

(2) A detailed description, properly referenced, of all changes in policy forms, 
rules and rates, including the effect of each change. 

(h) Except for filings made under G. S. 58-124.23, all pohcy form, rule, and rate 



July 15, 1986 



278 SENATE JOURNAL [Second Session 

filings under this Article and Article 25A of this Chapter that are based on statistical data 
must be accompanied by the following properly identified information: 

(1) North Carolina earned premiums at the actual and current rate level; losses 
and loss adjustment expenses, each on paid and incurred bases without 
trending or other modification for the experience period, including the loss 
ratio anticipated at the time the rates were promulgated for the experience 
period; 

.• : •-■■' ■ ■ •-.!•■•/ ■ 'h 

(2) Credibility factor development and apphcation; 

(3) Loss development factor derivation and application on both paid and in- 
curred bases and in both numbers and dollars of claims; 

(4) Trending factor development and application; 

(5) Changes in premium base resulting from rating exposure trends; 

(6) Limiting factor development and apphcation; 

(7) Overhead expense development and application of commission and broker- 
age, other acquisition expenses, general expenses, taxes, hcenses, and fees; 

(8) Percent rate change; 

(9) Final proposed rates; 

(10) Investment earnings, consisting of investment income and realized plus 
unreahzed capital gains, from loss, loss expense, and unearned premium 
reserves; 

(11) Identification of applicable statistical plans and programs and a certification 
of compliance with them; 

(12) Investment earnings on capital and surplus; • . 

(13) Level of capital and surplus needed to support premium Avritings without 
endangering the solvency of member companies; and 

(14) Such other information that may be required by any rule adopted by the 
Commissioner. 

Provided, however, that no fihng may be returned or disapproved on the grounds that 
such information has not been furnished if insurers have not been required to collect such 
information pursuant to statistical plans or programs or to report such information to the 
Bureau or to statistical agents, except where the Commissioner has given reasonable 
prior notice to the insurers to begin collecting and reporting such information, or except 
when the information is readily available to the insurers. 

(i) The Bureau shall file with and at the time of any rate fiUng all testimony, exhibits, 
and other information on which the Bureau will rely at the hearing on the rate filing. The 
Department shall file all testimony, exhibits, and other information on which the Depart- 
ment will rely at the hearing on the rate filing 20 days in advance of the convening date of 
the hearing. Upon the issuance of a notice of hearing the Commissioner shall hold a 
meeting of the parties to provide for the scheduling of any additional testimony, including 



July 15, 1986 



1986] SENATE JOURNAL 279 

written testimony, exhibits or other information, in response to the notice of hearing and 
any potential rebuttal testimony, exhibits, or other information. This subsection also 
applies to rate filings made by the North Carolina Motor Vehicle Reinsurance Facility 
under Article 25A of this Chapter." 

Sec. 3.1. G. S. 58-124.22(b) is amended by rewriting the 8th and 9th lines to read: 

"collected during such interim period. Upon a final determination by the Court, the 
Commissioner shall order the escrowed funds to be distributed appropriately, except 
that". 

Sec. 4. G. S. 58-124. 22(b) is amended by rewriting the last sentence to read: 

"If refunds made to policyholders are ordered under this subsection, the amounts 
refunded shall bear interest at the rate determined under this subsection. That rate shall 
be the average of the prime rates of the four largest banking institutions domiciled in this 
State, plus three percent (3%), as of the effective date of the filing, to be computed by the 
Commissioner." 

Sec. 5. Article 12B of General Statutes Chapter 58 is amended by adding a new 
section to read: 

"§ 58-124.32. Rate filings and hearings for motor vehicle insurance. — (a) With 
respect to nonfleet private passenger motor vehicle insurance, except as provided in 
G. S. 58-124.22, a filing made by the Bureau under G. S. 58-124.20(d) is not effective until 
approved by the Commissioner or unless 60 days have elapsed since the making of a 
proper filing under that subsection and the Commissioner has not called for a hearing on 
the filing. If the Commissioner calls for a hearing, he must give written notice to the 
Bureau, specify in the notice in what respect the filing fails to comply with this Article, and 
fix a date for the hearing that is not less than 30 days from the date the notice is mailed. 

(b) At least 15 days before the date set for the convening of the hearing the respec- 
tive staffs and consultants of the Bureau and Commissioner shall meet at a prehearing 
conference to review the filing and discuss any points of disagreement that are likely to be 
in issue at the hearing. At the prehearing conference, the parties shall list the names of 
potential witnesses and, where possible, stipulate to their qualifications as expert wit- 
nesses, stipulate to the sequence of appearances of witnesses, and stipulate to the 
relevance of proposed exhibits to be offered by the parties. Minutes of the prehearing 
conference shall be made and reduced to writing and become part of the hearing record. 
Any agreements reached as to prehminary matters shall be set forth in writing and 
consented to by the Bureau and the Commissioner. The purpose of this subsection is to 
avoid unnecessary delay in the rate hearings. 

(c) Once begun, hearings must proceed without undue delay. At the hearing the 
burden of proving that the proposed rates are not excessive, inadequate, or unfairly 
discriminatory is on the Bureau. The Commissioner may disregard at the hearing any 
exhibits, judgments, or conclusions offered as evidence by the Bureau that were de- 
veloped by or available to or could reasonably have been obtained or developed by the 
Bureau at or before the time the Bureau made its proper fihng and which exhibits, 
judgments, or conclusions were not included and supported in the filing; unless the 
evidence is offered in response to inquiries made at the hearing by the Department, the 
notice of hearing, or as rebuttal to the Department's evidence. If relevant data becomes 



July 15, 1986 



280 SENATE JOURNAL [Second Session 

available after the filing has been properly made, the Commissioner may consider such 
data as evidence in the hearing. The order of presenting evidence shall be (1) by the 
Bureau; (2) by the Department; (3) any rebuttal evidence by the Bureau regarding the 
Department's evidence; and (4) any rebuttal evidence by the Department regarding the 
Bureau's rebuttal evidence. Neither the Bureau nor the Department shall present 
repetitious testimony or evidence relating to the same issues. The Bureau shall reimburse 
the Department for all reasonable costs incurred by the Department in retaining outside 
actuarial, economic, and legal consultants or counsel, and court reporting services, for the 
review of rate filings, in conducting hearings, and up to the time the Commissioner issues 
an order approving or disapproving the filing. 

(d) If the Commissioner finds that a filing complies with the provisions of this 
Article, either after the hearing or at any other time after the filing has been properly 
made, he may issue an order approving the fiHng. If the Commissioner after the hearing 
finds that the filing does not comply with the provisions of this Article, he may issue an 
order disapproving the filing, determining in what respect the filing is improper, and 
specifying the appropriate rate level or levels that may be used by the members of the 
Bureau instead of the rate level or levels proposed by the Bureau filing, unless there has 
not been data admitted into evidence in the hearing that is sufficiently credible for 
arriving at the appropriate rate level or levels. Any order issued after a hearing shall be 
issued within 45 days after the completion of the hearing. If no order is issued within 
45 days after the completion of the hearing, the fiUng shall be deemed to be approved. 

(e) No person shall wilfully withhold information required by this Article from, or 
knowingly furnish false or misleading information to, the Commissioner, any statistical 
agency designated by the Commissioner, any rating or advisory organization, the Bureau, 
the North Carolina Motor Vehicle Reinsurance Facility, or any insurer, which informa- 
tion affects the rates, rating plans, classifications, or policy forms subject to this Article or 
Article 25A of this Chapter." 

Sec. 5.1. G. S. 58-124.17 is amended by adding two new subsections to read: 

"(6) The Bureau shall maintain and furnish to the Commissioner on an annual basis 
the statistics on earnings derived by member companies from the investment of unearned 
premium, loss, and loss expense reserves on nonfleet private passenger motor vehicle 
insurance policies written in this State. Whenever the Bureau proposes rates under this 
Article, it shall prepare a separate exhibit for the experience years in question showing 
the combined earnings realized from the investment of such reserves on policies written in 
this State. The amount of earnings may in an equitable manner be included in the 
ratemaking formula to arrive at a fair and equitable rate. The Commissioner may require 
further information as to such earnings and may require calculations of the Bureau 
bearing on such earnings. 

(7) Member companies shall furnish, upon request of any person carrying nonfleet 
private passenger motor vehicle insurance in the State upon whose risk a rate has been 
promulgated, information as to rating, including the method of calculation." 

Sec. 6. G. S. 58-124. 18(b) is amended by adding the following: 

"The governing committee of the Bureau shall also have as nonvoting members two 
persons who are not employed by or affiliated with any insurance company or the 



July 15, 1986 



1986] SENATE JOURNAL 281 

Department of Insurance and who are appointed by the Governor to serve at his plea- 
sure." 

Sec. 7. G. S. 58-248. 33(d) is amended by adding the following: 

"The Board of Governors of the Facility shall also have as nonvoting members two 
persons who are not employed by or affiliated with any insurance company or the 
Department of Insurance and who are appointed by the Governor to serve at his plea- 
sure." 

Sec. 8. G. S. 58-25.1 is amended by inserting between the words, "insurer" and 
"or its officers" the following: ", rating organization, advisory organization, joint un- 
derwriting or joint reinsurance organization, or the North CaroUna Rate Bureau or Motor 
Vehicle Reinsurance Facility,". 

Sec. 9. Notwithstanding the provisions of Sections 2 through 5 of this act, the 
Bureau may make its 1986 rate filing for nonfleet private passenger motor vehicle 
insurance after July 1, 1986. 

Sec. 9.1. G. S. 58-131. 37(a) is amended by deleting "Rates" and substituting 
therefor, "In order to serve the public interest, rates". 

Sec. 10. G. S. 58-131. 37(b) and (c) are repealed. 

Sec. 11. G. S. 58-131. 37(d) is rewritten to read: 

"(d) No rate is inadequate unless the rate is unreasonably low for the insurance 
provided and the use or continued use of the rate by the insurer has had or will have the 
effect of: 

(1) endangering the solvency of the insurer; or 

(2) destroying competition; or 

(3) creating a monopoly; or 

(4) violating actuarial principles, practices, or soundness." 

Sec. 12. G. S. 58-131.42 is amended by rewriting subsection (a) to read: 

"(a) If, after a hearing, the Commissioner disapproves a rate, he must issue an order 
specifying in what respects the rate fails to meet the requirements of G. S. 58-131.37. If 
the Commissioner finds a rate to be excessive, he shall order the excess premium, plus 
interest at a rate determined in the same manner as in G. S. 58-124. 22(b) as of the dates 
such rates were effective for policyholders, to be refunded to those policyholders who 
have paid the excess premium. If the Commissioner finds a rate to be unfairly dis- 
criminatory, he shall order an appropriate adjustment for poUcyholders who have paid the 
unfairly discriminatory premium. The order must be issued within 30 business days after 
the close of the hearing." 

Sec. 12.1. G. S. 58-131.42 is amended by adding a new subsection (c) to read: 

"(c) No person shall wilfully withhold information required by this Article from, or 
knowingly furnish false or misleading information to, the Commissioner, any statistical 
agency designated by the Commissioner, any rating or advisory organization, or any 



July 15, 1986 



282 SENATE JOURNAL [Second Session 

insurer, which information will affect the rates, rating plans, classifications, or poHcy 
forms subject to this Article." 

Sec. 13. Article 13C of General Statutes Chapter 58 is amended by adding a new 
section to read: 

"§ 58-131.61. Financial disclosure; rate modifications; reporting requirements. — 

(a) The Commissioner may require each insurer subject to this Article to report, on a form 
prescribed by the Commissioner, its loss and expense experience, investment income, 
administrative expenses, and other data that he may require, for kinds of insurance or 
classes of risks that he designates. These reports are in addition to financial or other 
statements required by this Chapter. 

(b) The Commissioner may designate one or more rating organizations or advisory 
organizations to gather and compile the experience and data referred to in subsection (a) 
of this section for their member companies. 

(c) Whereas the provisions enacted by the General Assembly in 1986 regarding 
modifications in North Carolina civil law may have a prospective effect upon the loss 
experience of insurers subject to this Article, the Commissioner is authorized to review 
each company's rates by type of insurance that are in effect on and after January 1, 1987, 
and, when and where appropriate, require modification of such rates. 

(d) Each insurer subject to this Article shall record the experience and data referred 
to in subsection (a) of this section arising from causes of action arising against its insureds 
on and after January 1, 1987. Such experience and data shall be reported to the Com- 
missioner by March 31, 1988, which report shall be on a form prescribed by the Com- 
missioner reflecting such experience and data for the one-year period beginning on 
January 1, 1987. Subsequently, such experience and data shall be reported to the Com- 
missioner by March 31 of each year for each one-year period ending on December 31 of the 
previous year. 

(e) On or before July 1 , 1988, and annually thereafter, the Commissioner shall report 
to the General Assembly the effects, if any, of changes in North Carohna civil law statutes 
on the experience of insurers subject to this section." 

Sec. 14. Chapter 58 of the General Statutes is amended by adding a new Article to 
read: 

"Article 38. 
"Insurance Regulatory Reform Act. 

"§ 58-470. Short title. — This Article is known and may be cited as the Insurance 
Regulatory Reform Act. 

"§ 58-471. Legislative findings and intent. — (a) Due to conditions in national and 
international property and liabiUty insurance markets, insureds in the United States have 
experienced unprecedented in-term cancellations of existing policies for entire books of 
business, have been afforded httle or no notice that existing policies would not be renewed 
at their expiration dates, or would be renewed only at substantially higher rates or on less 
favorable terms. The General Assembly finds that such conditions pose an imminent peril 
to the public welfare for the following reasons: 



July 15, 1986 



1986] SENATE JOURNAL 283 

( 1 ) In-term cancellations of insurance coverages erode insureds' confidence and 
breach insureds' trust; unfairly and prematurely terminate the promised 
coverage; force persons to go without needed insurance protection or force 
the procurement of substitute insurance at greater cost; and create market- 
place confusion resulting in product unavailability. 

(2) Failures to provide timely notices of nonrenewals or of renewals with 
altered terms deprive persons of adequate opportunities to secure afford- 
able replacement coverages or require persons to go without needed in- 
surance protection. 

(b) The General Assembly finds that there is no uniform requirement for the notice of 
cancellation, renewal, or nonrenewal for commercial property and liability insurance and 
that it should adopt reasonable requirements for such notices and should regulate in-term 
cancellations of entire books of business by companies. 

"§ 58-472. Scope. — (a) Except as otherwise provided, this Article applies to all kinds 
of insurance authorized by G. S. 58-72(4) through (14) and G. S. 58-72(18) through (22), and 
to all insurance companies licensed by the Commissioner to write those kinds of insurance. 
This Article does not apply to insurance written under Articles 12B, 18A, 18B, 25A, or 36 
of this Chapter; to marine and personal inland marine insurance; to aviation insurance; nor 
to policies issued in this State covering risks with multistate locations, except with respect 
to coverages applicable to locations within this State. 

(b) This Article is not exclusive, and the Commissioner may also consider other 
provisions of this Chapter to be applicable to the circumstances or situations addressed in 
this Article. Policies may provide terms more favorable to insureds than are required by 
this Article. The rights provided by this Article are in addition to and do not prejudice any 
other rights the insured may have at common law, under statutes, or under administra- 
tive rules. 

"§ 58-473. Certain policy cancellations prohibited. — (a) No insurance policy or 
renewal thereof may be cancelled by the insurer prior to the expiration of the term or 
anniversary date stated in the policy and without the prior written consent of the insured, 
except for any one of the following reasons: 

(1) Nonpayment of premium in accordance with the policy terms; 

(2) An act or omission by the insured or his representative that constitutes 
material misrepresentation or nondisclosure of a material fact in obtaining 
the policy, continuing the pohcy, or presenting a claim under the policy; 

(3) Increased hazard or material change in the risk assumed that could not have 
been reasonably contemplated by the parties at the time of assumption of 
the risk; 

(4) Substantial breach of contractual duties, conditions, or warranties that 
materially affects the insurability of the risk; 

(5) A fraudulent act against the company by the insured or his representative 
that materially affects the insurability of the risk; 

(6) Willful failure by the insured or his representative to institute reasonable 



July 15, 1986 



284 SENATE JOURNAL [Second Session 

loss control measures that materially affect the insurability of the risk after 
written notice by the insurer; 

(7) Loss of facultative reinsurance, or loss of or substantial changes in appli- 
cable reinsurance as provided in G. S. 58-476; 

(8) Conviction of the insured of a crime arising out of acts that materially affect 
the insurability of the risk; or 

(9) A determination by the Commissioner that the continuation of the policy 
would place the insurer in violation of the laws of this State; 

(10) The named insured fails to meet the requirements contained in the corpo- 
rate charter, articles of incorporation, or bylaws of the insurer, when the 
insurer is a company organized for the sole purpose of providing members of 
an organization with insurance coverage in this State. 

(b) Any cancellation permitted by subsection (a) of this section is not effective unless 
written notice of cancellation has been delivered or mailed to the insured, not less than 15 
days before the proposed effective date of cancellation. The notice must be given or mailed 
to the insured, and any designated mortgagee or loss payee at their addresses shown in 
the policy or, if not indicated in the policy, at their last known addresses. The notice must 
state the precise reason for cancellation. Proof of mailing is sufficient proof of notice. 
Failure to send this notice to any designated mortgagee or loss payee invalidates the 
cancellation only as to the mortgagee's or loss payee's interest. 

(c) This section does not apply to any insurance policy that has been in effect for less 
than 60 days and is not a renewal of a policy. That policy may be cancelled for any reason by 
furnishing to the insured at least 15 days prior written notice of and reasons for cancella- 
tion. 

(d) Cancellation for nonpayment of premium is not effective if the amount due is paid 
before the effective date set forth in the notice of cancellation. 

(e) Copies of the notice required by this section shall also be sent to the agent or 
broker of record; however, failure to send copies of the notice to such persons shall not 
invalidate the cancellation. 

"§ 58-474. Notice of nonrenewal, premium increase, or change in coverage re- 
quired. — (a) No insurer may refuse to renew an insurance policy except in accordance 
with the provisions of this section, and any nonrenewal attempted or made that is not in 
compliance with this section is not effective. This section does not apply if the poHcyholder 
has insured elsewhere, has accepted replacement coverage, or has requested or agreed to 
nonrenewal . 

(b) An insurer may refuse to renew a policy that has been written for a term of one 
year or less at the policy's expiration date by giving or mailing written notice of nonrenew- 
al to the insured not less than 45 days prior to the expiration date of the policy. 

(c) An insurer may refuse to renew a policy that has been written for a term of more 
than one year or for an indefinite term at the policy anniversary date by giving or mailing 
written notice of nonrenewal to the insured not less than 45 days prior to the anniversary 
date of the policy. 



July 15, 1986 



1986] SENATE JOURNAL 285 

(d) The notice required by this section must be given or mailed to the insured and any 
designated mortgagee or loss payee at their addresses shown in the policy or, if not 
indicated in the policy, at their last known addresses. Proof of maiUng is sufficient proof of 
notice. The notice of nonrenewal must state the precise reason for nonrenewal. Failure to 
send this notice to any designated mortgagee or loss payee invaUdates the nonrenewal 
only as to the mortgagee's or loss payee's interest. 

(e) Copies of the notice required by this section shall also be sent the agent or broker 
of record; however, failure to send copies of the notice to such persons shall not invaUdate 
the nonrenewal. 

"§ 58-475. Notice of renewal of policies with premium or coverage changes. — (a) If 

an insurer intends to renew a policy, the insurer must furnish to the insured the renewal 
terms and a statement of the amount of premium due for the renewal poUcy period. 

(b) If the policy being renewed was written for a term of one year or less , the renewal 
terms and statement of premium due must be given or mailed not less than 45 days before 
the expiration date of that policy. If the policy being renewed was written for a term of 
more than one year or for an indefinite term, the renewal terms and statement of premium 
due must be given or mailed not less than 45 days before the anniversary date of that 
policy. The renewal terms and statement of premium due must be given or mailed to the 
insured and any designated mortgagee or loss payee at their addresses shown in the 
policy, or, if not indicated in the policy, at their last known addresses. 

(c) If the insurer fails to furnish the renewal terms and statement of premium due in 
the manner required by this section, the insured may cancel the renewal policy within the 
30-day period following receipt of the renewal terms and statement of premium due. For 
refund purposes, earned premium for any period of coverage shall be calculated pro rata 
upon the premium applicable to the policy being renewed instead of the renewal pohcy. 

(d) If a policy has been issued for a term longer than one year, and for additional 
consideration a premium has been guaranteed for the entire term, it is unlawful for the 
insurer to increase that premium or require policy deductibles or other policy or coverage 
provisions less favorable to the insured during the term of the poUcy. 

(e) Copies of the notice required by this section shall also be given or mailed to any 
designated mortgagee or loss payee and may also be given or mailed to the agent or broker 
of record. 

"§ 58-476. Loss of reinsurance. — An insurer may cancel or refuse to renew a kind of 
insurance when the cancellation or nonrenewal is necessary because of a loss of or 
substantial reduction in appHcable reinsurance, by filing a plan with the Commissioner 
pursuant to the requirements of this section. The insurer's plan must be filed with the 
Commissioner at least 15 business days prior to the issuance of any notice of cancellation 
or nonrenewal. The insurer may implement its plan upon the approval of the Com- 
missioner, which shall be granted or denied in writing, with the reasons for his actions, 
within 15 business days of the Commissioner's receipt of the plan. Any plan submitted for 
approval shall contain a certification by an elected officer of the company: 

(1) That the loss or substantial change in applicable reinsurance necessitates 
the cancellation or nonrenewal action; 



July 15, 1986 



286 SENATE JOURNAL [Second Session 

(2) That the insurer has made a good faith effort to obtain replacement reinsur- 
ance but was unable to do so because of the unavailabiUty or unaffordability 
of replacement reinsurance; v ,-^- , ,.,;.-; 

(3) Identifying the category of risks, the total number of risks written by the 
company in that category, and the number of risks intended to be cancelled 
or not renewed; 

(4) Identifying the total amount of the insurer's net retention for the risks 
intended to be cancelled or not renewed; 

(5) Identifying the total amount of risk ceded to each reinsurer and the portion 
of that total that is no longer available; 

(6) Explaining how the loss of or reduction in reinsurance affects the insurer's 
risks throughout the kind of insurance proposed for cancellation or non- 
renewal; 

(7) Explaining why cancellation or nonrenewal is necessary to cure the loss of or 
reduction in reinsurance; and 

(8) Explaining how the cancellations or nonrenewals, if approved, will be 
implemented and the steps that will be taken to ensure that the cancellation 
or nonrenewal decisions will not be apphed in an arbitrary, capricious, or 
unfairly discriminatory manner. 

"§ 58-477. Notice of cessation of business through insurance agency. — (a) Each 
insurer must, upon the cessation of any of its business through a North Carolina insurance 
agency, furnish the Commissioner with the following information on a form to be pre- 
scribed by the Commissioner: 

(1) The kinds ofpolicies no longer written through the agency. In describing the 
kinds of these policies, those appearing on page 14 of the annual statement 
convention blank will suffice, except that liability coverages should be more 
specifically described; , ,. 

(2) The number ofpolicies, by kind, no longer written through the agency; 

(3) A statement as to whether or not the cessation of business is by nonrenewal 
of business at policy expiration dates, or is a decision not to accept new 
business from the agency, or a combination of these; 

(4) If the cessation is by the insurer, the specific reason or reasons for the 
cessation; and 

(5) The names and addresses of the insurer and the agency and the effective 
date of the cessation of the business. 

(b) This section applies to the cessation of the writing of any kind of insurance subject 
to this Article through an agency located in North CaroHna. Reports are required even 
though other kinds of insurance may still be written through the agency. 

"§ 58-478. No liability for statements or communications made in good faith; prior 
notice to agents or brokers. — (a) There is no liabihty on the part of and no cause of action 



July 15, 1986 



1986] SENATE JOURNAL 287 

for defamation or invasion of privacy arises against any insurer or its authorized repre- 
sentatives, agents, or employees, or any licensed insurance agent or broker, for any 
communication or statement made, unless shown to have been made in bad faith with 
malice, in any of the following: 

(1) A written notice of cancellation under G. S. 58-473, of nonrenewal under 
'; G. S. 58-474, or of cessation of business through an agency under 

G. S. 58-477, specifying the reasons therefor; 

(2) Communications providing information pertaining to such cancellation , non- 
renewal, or cessation of business through an agency; 

(3) Evidence submitted at any court proceeding, administrative hearing, or 
informal inquiry in which such cancellation, nonrenewal, or cessation of 
business through an agency is an issue. 

(b) With respect to the notices that must be given or mailed to agents or brokers 
under G. S. 58-473 and G. S. 58-474, the insurer may give or mail that notice at the same 
time or prior to giving or mailing the notice to the insured. 

"§ 58-479. Termination of writing kind of insurance. — (a) Except as provided in 
G. S. 58-476, no insurer may terminate, by nonrenewals, an entire book of business of any 
kind of insurance without 60 days prior written notice to the Commissioner; unless the 
Commissioner determines that continuation of the line of business would impair the 
solvency of the insurer or unless the Commissioner determines that such termination is 
effected under a plan that minimizes disruption in the marketplace or that makes pro- 
visions for alternative coverage at comparable rates and terms. 

(b) Except as provided in G. S. 58-476, in-term cancellation by an insurer of an entire 
book of business of any kind of insurance is presumed to be unfair, inequitable, and 
contrary to the public interest, unless the Commissioner determines that continuation of 
the line of business would impair the solvency of the insurer or unless the Commissioner 
determines that such termination is effected under a plan that minimizes disruption in the 
marketplace or that makes provisions for alternative coverage at comparable rates and 
terms. 

"§ 58-480. Policy form and rate filings; punitive damages; data required to support 
fllings. — (a) With the exception of inland marine insurance, which by general custom of 
the business is not written according to manual rates and rating plans, all policy forms 
must be filed with and either approved by the Commissioner or 90 days have elapsed and 
he has not disapproved the form before they may be used in this State. With respect to 
liability insurance policy forms, an insurer may exclude or limit coverage for punitive 
damages awarded against its insured. 

(b) With the exception of inland marine insurance, which by general custom of the 
business is not written according to manual rates and rating plans, all rates by licensed fire 
and casualty companies or their designated rating organizations must be filed with the 
Commissioner at least 60 days before they may be used in this State. 

(c) A filing that does not include the statistical and rating information required by 
subsections (d) and (e) of this section is not a proper filing, and will be returned to the filing 
insurer or organization. 



July 15, 1986 



288 SENATE JOURNAL [Second Session 

(d) The following information must be included in each policy form, rule, and rate 
filing: 

(1) A detailed Hst of the rates, rules, and policy forms filed, accompanied by a 
list of those superseded; and 

(2) A detailed description, properly referenced, of all changes in policy forms, 
rules, and rates, including the effect of each change. 

(e) Each poHcy form, rule, and rate filing that is based on statistical data must be 
accompanied by the following properly identified information: 

(1) North Carolina earned premiums at the actual and current rate level; losses 
and loss adjustment expenses, each on paid and incurred bases without 
trending or other modification for the experience period, including the loss 
ratio anticipated at the time the rates were promulgated for the experience 
period; 

(2) Credibility factor development and application; 

(3) Loss development factor derivation and appUcation on both paid and in- 
curred bases and in both numbers and dollars of claims; 

(4) Trending factor development and application; 

(5) Changes in premium base resulting from rating exposure trends; 

(6) Limiting factor development and application; ,, 

(7) Overhead expense development and appUcation of commission and broker- 
age, other acquisition expenses, general expenses, taxes, licenses, and fees; 

(8) Percent rate change; - r 

(9) Final proposed rates; • r, : .: . ^ 

(10) Investment earnings, consisting of investment income and realized plus 
unrealized capital gains, from loss, loss expense, and unearned premium 
reserves; 

(11) Identification of applicable statistical plans and programs and a certification 
of compUance with them; 

(12) Investment earnings on capital and surplus; 

(13) Level of capital and surplus needed to support premium writings without 
endangering the solvency of the company or companies involved; and 

(14) Such other information that may be required by any rule adopted by the 
Commissioner. 

Provided, however, that no filing may be returned or disapproved on the grounds that 
such information has not been furnished if the filer has not been required to collect such 
information pursuant to statistical plans or programs or to report such information to 
statistical agents, except where the Commissioner has given reasonable prior notice to 



July 15, 1986 



1986] SENATE JOURNAL 289 

the filer to begin collecting and reporting such information or except when the information 
is readily available to the filer. 

(f) It is unlawful for an insurer to charge or collect, or attempt to charge or collect, 
any premium for insurance except in accordance with filings made with the Commissioner 
under this section and Article 13C of this Chapter. 

"§ 58-481. Penalties; restitution. — In addition to criminal penalties for acts declared 
unlawful by this Article, any violation of this Article subjects an insurer to revocation or 
suspension of its certificate of authority, or monetary penalties or payment of restitution 
as provided in G. S. 58-9.7." 

Sec. 15. G. S. 58-131. 53(b), G. S. 58-131.56, and G. S. 58-131.59 are repealed. 

Sec. 16. G. S. 58-131.38(1) is amended be rewriting the proviso to read: 

"Provided, however, that regional or countrywide expense or loss experience and 
other regional or countrywide data may be considered only when credible North Carolina 
expense or loss experience or other data is not available." 

Sec. 17. G. S. 58-131.39 is amended by adding a new subsection to read: 

"(d) This section and G. S. 58-480 shall be construed in pari materia." 

Sec. 18. G. S. 58-54.4(11) is amended by rewriting the heading and first phrase 
to read: 

"(11) Unfair Claim Settlement Practices. Committing or performing with such fre- 
quency as to indicate a general business practice of any of the following: Provided, 
however, that no violation of this subsection shall of itself create any cause of action in 
favor of any person other than the Commissioner". 

Sec. 19. G. S. 58-248.33(b) (l)e. is rewritten to read: 

"e. Any other motor vehicle insurance or financial responsibility limits in the 
amounts required by any federal law or federal agency regulation; by any 
law of this State; or by any rule duly adopted under Chapter 150B of the 
General Statutes or by the North Carolina Utilities Commission." 

Sec. 20. G. S. 58-54.4(7) is amended by adding the following subdivisions: 

"c. Making or permitting any unfair discrimination between or among in- 
dividuals or risks of the same class and of essentially the same hazard by 
refusing to issue, refusing to renew, canceUing, or limiting the amount of 
insurance coverage on a property or casualty risk because of the geographic 
location of the risk, unless: 

1. The refusal or limitation is for the purpose of preserving the solvency 
of the insurer and is not a mere pretext for unfair discrimination, or 

2. The refusal, cancellation, or Umitation is required by law. 

d. Making or permitting any unfair discrimination between or among in- 
dividuals or risks of the same class and of essentially the same hazard by 
refusing to issue, refusing to renew, cancelling, or limiting the amount of 



July 15, 1986 



290 SENATE JOURNAL [Second Session 

insurance coverage on a residential property risk, or the personal property- 
contained therein, because of the age of the residential property, unless: 

1. The refusal or limitation is for the purpose of preserving the solvency 
of the insurer and is not a mere pretext for unfair discrimination, or 

2. The refusal, cancellation, or limitation is required by law." 

Sec. 21. G. S. 58-173.2 is amended by adding a new subsection to read: 

"(3a) 'Crime insurance' means insurance against losses resulting from robbery, bur- 
glary, larceny, and similar crimes, as more specifically defined and limited in the various 
crime insurance policies approved by the Commissioner and issued by the association. 
Such policies shall not be more restrictive than those issued under the Federal Crime 
Insurance Program authorized by Public Law 91-609." 

Sec. 22. G. S. 58-173.8(b) is amended by inserting ", and shall offer additional 
extended coverage and crime insurance," between "property insurance" and "for a". 

Sec. 23. G. S. 58-173.20, as found in the 1986 Special Supplement, is amended by 
rewriting the first sentence to read: 

"The Association formed pursuant to the provisions of this Article shall have authority 
on behalf of its members to cause to be issued basic property insurance policies, including 
coverage for farm risks; and shall offer additional extended coverage and crime insurance 
policies; to reinsure in whole or in part, any such poUcies; and to cede any such reinsur- 
ance." 

Sec. 24. G. S. 58-173.17, as found in the 1986 Special Supplement, is amended by 
adding: 

"(c) As used in this Article, 'crime insurance' means insurance against losses resulting 
from robbery, burglary, larceny, and similar crimes, as more specifically defined and 
limited in the various crime insurance policies approved by the Commissioner and issued 
by the Association. Such policies shall not be more restrictive than those issued under the 
Federal Crime Insurance Program authorized by PubUc Law 91-609." 

Sec. 25. G. S. 58-173.2(5) is amended by inserting "the Federal Manufactured 
Home Construction and Safety Standards, any predecessor or successor federal or State 
construction or safety standards, and any further construction or safety standards pro- 
mulgated by the association and approved by the Commissioner, or " immediately before 
"the North Carolina Uniform Residential Building Code" in each place reference to that 
Code appears, except in the proviso at the end of the subsection. 

Sec. 26. Chapter 58 of the General Statutes is amended by adding a new Article to 
read: 

\. :i :. "Article 39. 

"Local Government Risk Pools. 

"§ 58-490. Short title; definition. — This Article shall be known and may be cited as 
the Local Government Risk Pool Act. As used in this Article, 'local government' means 
any county or municipal corporation located in this State. 



July 15, 1986 



1986] SENATE JOURNAL 291 

"§ 58-491. Local government pooling of property, liability and workers' com- 
pensation coverages. — In addition to other authority granted pursuant to Chapters 153A 
and 160 A of the General Statutes, two or more local governments may enter into contracts 
or agreements pursuant to this Article for the joint purchasing of insurance or to pool 
retention of their risks for property losses and hability claims and to provide for the 
payment of such losses of or claims made against any member of the pool on a cooperative 
or contract basis with one another, or may enter into a trust agreement to carry out the 
provisions of this Article. In addition to other authority granted pursuant to Chapters 
153A and 160A of the General Statutes, two or more local governments may enter into 
contracts or agreements pursuant to this Article to establish a separate workers' com- 
pensation pool to provide for the payment of workers' compensation claims pursuant to 
Chapter 97 of the General Statutes or to estabhsh pools providing for life or accident and 
health insurance for their employees on a cooperative or contract basis with one another; 
or may enter into a trust agreement to carry out the provisions of this Article. A workers' 
compensation pool established pursuant to this Article may only provide coverage for 
workers' compensation, employers' liability, and occupational disease claims. 

"§ 58-492. Board of trustees. — (a) Each pool will be operated by a board of trustees 
consisting of at least five persons who are elected officials or employees of local gov- 
ernments within this State. The board of trustees of each pool will: 

(1) Establish terms and conditions of coverage within the pool, including un- 
i derwriting criteria and exclusions of coverage; 

(2) Ensure that all valid claims are paid promptly; 

(3) Take all necessary precautions to safeguard the assets of the pool; 

(4) Maintain minutes of its meeting and make these minutes available to the 
Commissioner; 

(5) Designate an administrator to carry out the policies established by the 
board of trustees and to provide day to day management of the group and 
delineate in written minutes of its meetings the areas of authority it dele- 
gates to the administrator; and 

(6) Establish guidelines for membership in the pool, 
(b) The board of trustees may not: 

(1) Extend credit to individual members for payment of a premium, except 
pursuant to payment plans approved by the Commissioner. 

(2) Borrow any monies from the pool or in the name of the pool, except in the 
ordinary course of business , without first advising the Commissioner of the 
nature and purpose of the loan and obtaining prior approval from the 
Commissioner. 

"§ 58-493. Contract. — A contract or agreement made pursuant to this Article must 
contain provisions: 

(1) For a system or program of loss control; 



July 15, 1986 



292 SENATE JOURNAL [Second Session 

(2) For termination of membership including either: 

a. Cancellation of individual members of the pool by the pool; or 

b . E lection by an individual member of the pool to terminate its participa- 
tion; 

(3) Requiring the pool to pay all claims for which each member incurs liability 
during each member's period of membership, except where a member has 

, individually retained the risk, where the risk is not covered, and except for 
amount of claims above the coverage provided by the pool. 

(4) For the maintenance of claim reserves equal to known incurred losses and 
loss adjustment expenses and to an estimate of incurred but not reported 
losses; 

(5) For a final accounting and settlement of the obligations of or refunds to a 
terminating member to occur when all incurred claims are concluded, set- 
tled, or paid; 

(6) That the pool may estabUsh offices where necessary in this State and employ 
necessary staff to carry out the purposes of the pool; 

(7) That the pool may retain legal counsel, actuaries, claims adjusters, auditors, 
engineers, private consultants, and advisors, and other persons as the board 
of trustees or the administrator deem to be necessary; 

(8) That the pool may make and alter bylaws and rules pertaining to the 
exercise of its purpose and powers; 

(9) That the pool may purchase, lease, or rent real and personal property it 
deems to be necessary; and 

(10) That the pool may enter into financial services agreements with financial 
institutions and that it may issue checks in its own name. 

"§ 58-494. Termination. — A pool or a terminating member must provide at least 
90 days' written notice of the termination or cancellation. A workers' compensation 
pool must notify the Commissioner of the termination or cancellation of a member 
within 10 days after notice of termination or cancellation is received or issued. 

"§ 58-495. Audit. — Each pool must be audited annually at the expense of the pool by a 
certified public accounting firm, with a copy of the report available to the governing body 
or chief executive officer of each member of the pool and to the Commissioner. The board 
of trustees of the pool must obtain an appropriate actuarial evaluation of the loss and loss 
adjustment expense reserves of the pool, including an estimate of losses and loss adjust- 
ment expenses incurred but not reported. The Commissioner must examine each pool 
once every three years. The costs of such examination expenses will be paid by the pool 
that is subject to the examination. The Commissioner may examine a pool earlier than 
three years after a previous examination if he has reason to believe that the pool is 
insolvent or financially impaired. 

"§ 58-496. Insolvency or impairment of pool. — (a) If, as a result of the annual audit 
or an examination by the Commissioner, it appears that the assets of a pool are insufficient 



July 15, 1986 



1986] SENATE JOURNAL 293 

to enable the pool to discharge its legal liabihties and other obligations, the Commissioner 
must notify the administrator and the board of trustees of the pool of the deficiency and his 
list of recommendations to abate the deficiency, including a recommendation not to add 
any new members until the deficiency is abated. If the pool fails to comply with the 
recommendations within 60 days after the date of the notice, the Commissioner must 
notify the chief executive officers or the governing bodies of the members of the pool, the 
Governor, the President of the Senate, and the Speaker of the House of Representatives 
that the pool has failed to comply with the recommendations of the Commissioner. 

(b) If a pool is determined to be insolvent, financially impaired, or is otherwise found 
to be unable to discharge its legal liabilities and other obligations, each pool contract will 
provide that the members of the pool shall be assessed on a pro rata basis as calculated by 
the amount of each member's average annual contribution in order to satisfy the amount of 
deficiency. The assessment may not exceed the amount of each member's average annual 
contribution to the pool. 

"§ 58-497. Immunity of administrators and boards of trustees. — There is no liabil- 
ity on the part of and no cause of action arises against any board of trustees estabhshed or 
administrator appointed pursuant to G. S. 58-492, their representatives, or any pool, its 
members, or its employees, agents, contractors, or subcontractors for any good faith 
action taken by them in the performance of their powers and duties in creating or 
administering any pool under this Article. 

"§ 58-498. Pools not covered by guaranty associations or solvency funds. — The 

provisions of Articles 17B and 17C of this Chapter and of Article 3 of Chapter 97 of the 
General Statutes do not apply to any risks retained by local governments pursuant to this 
Article." 

Sec. 27. G. S. 153A-435(a) is amended by inserting after the first sentence of the 
second paragraph, and G. S. 160A-485(a) is amended by inserting after the first sentence, 
the following: 

"Participation in a local government risk pool pursuant to Article 39 of General Statute 
Chapter 58 shall be deemed to be the purchase of insurance for the purposes of this 
section." 

Sec. 28. Article 13C of Chapter 58 of the General Statutes is amended by adding a 
new section to read: 

"§ 58-131.62. Good faith immunity for operation of market assistance pro- 
grams. — There is no Uability on the part of and no cause of action of any nature arises 
against any director, administrator, or employee of a market assistance program, or the 
Commissioner or his representatives, for any acts or omissions taken by them in creation 
or operation of a market assistance program. The immunity estabhshed by this section 
does not extend to willful neglect, malfeasance, bad faith, fraud, or mahce that would 
otherwise make an act or omission actionable." 

Sec. 29. Article 13C of Chapter 58 of the General Statutes is amended by adding a 
new section to read: 

"§ 58-131.63. CGL extended reporting. — Any policy for commercial general hability 



July 15, 1986 



294 SENATE JOURNAL [Second Session 

coverage wherein the insurer offers, and the insured elects to purchase, an extended 
reporting period for claims arising during the expiring policy period must provide: 

(1) That in the event of a cancellation permitted by G. S. 58-473 or nonrenewal 
effective under G. S. 58-474, there shall be a 30-day period before the 
effective date of the cancellation or nonrenewal during which the insured 
may elect to purchase coverage for the extended reporting period; 

(2) That the limit of liability in the policy aggregate for the extended reporting 
period shall be one hundred percent (100%) of the expiring policy aggregate; 
and 

(3) That the insurer will provide the following loss information to the first 
named insured within 30 days of an insured's request, or, with any notice of 
cancellation or nonrenewal: 

a. All information on closed claims including date and description of 
occurrence, and amount of payments, if any; 

b. All information on open claims including date and description of occur- 
rence, amount of payment, if any, and amount of reserves, if any; 

c. All information on notices of occurrence including date and description 
of occurrence and amount of resources, if any." 

Sec. 30. G. S. 58-27.22. is amended: 

(a) By deleting the words, "county or municipality", "counties and municipali- 
ties", "counties or municipalities", and "municipality and county" from the section, and by 
substituting the words "political subdivision" or "political subdivisions" as grammatically 
appropriate; and 

(b) By adding the following, at the end: 

"For purposes of this section, the term 'political subdivision' includes any county, city, 
town, incorporated village, sanitary district, metropolitan water district, county water 
and sewer district, water and sewer authority, hospital authority, parking authority, local 
ABC boards, special airport district, airport authority, soil and water conservation 
district created pursuant to G. S. 139-5, fire district, volunteer or paid fire department, 
rescue squads, city or county parks and recreation commissions, area mental health 
boards, area mental health, mental retardation and substance abuse authority as de- 
scribed in G. S. 122C-117, domiciliary home community advisory committees, county and 
district boards of health, nursing home advisory committees, county boards of social 
services, local school administrative units, local boards of education, community colleges 
and technical institutes, and all other persons, bodies, or agencies authorized or regulated 
by Chapters 108A, 115C, 115D, 118, 122C, 130A, 131A, 131D, 131E, 153A, 160A, and 
160B of the General Statutes." 

Sec. 31. G. S. 130A-294 is amended by adding a new subdivision to read: 

"()) The Commission may adopt rules for financial responsibility (including require- 
ments for sufficient availability of funds for facility closure and post-closure monitoring 
and corrective measures, and for potential liability for sudden and nonsudden accidental 



July 15, 1986 



1986] SENATE JOURNAL 295 

occurrences), which may permit the use of insurance, financial tests, third-party guaran- 
tees by persons who can pass the financial test, guarantees by corporate parents who can 
pass the financial test, irrevocable letters of credit, trusts, surety bonds, or any other 
financial device, or any combination of the foregoing, shown to provide protection equiv- 
alent to the financial protection that would have been provided by insurance if insurance 
were the only mechanism used. The Department may provide a copy of any fiUng to meet 
the financial responsibihty requirements to the State Treasurer, who shall review the 
filing and provide written comments on the equivalency of protection provided by the 
filing, including recommended changes." 

Sec. 32. G. S. 58-150 is amended by adding a new subsection (6) to read: 

"(6) Satisfied the Commissioner that it is in substantial compliance with the pro- 
visions of G. S. 58-72.1 through G. S. 58-72.3 and Article 35 of this Chapter." 

Sec. 33. G. S. 58-248. 33(g) (6) is amended by adding the following sentence: 

"No agent may be designated under this subdivision to any insurer that does not 
actively write voluntary market business." 

Sec. 34. G. S. 58-248.34 is amended by adding a new subsection to read: 

"(i) The Facility shall file with the Commissioner revisions in the FaciUty plan of 
operation for his approval or modification. Such revisions shall be made for the purpose of 
revising the classification and rating plans for other than nonfleet private passenger 
motor vehicle insurance ceded to the Facihty." 

Sec. 35. G. S. 55-19(a) is rewritten to read: 

"(a) In addition to the indemnification provided for in G. S. 55-20 and G. S. 55-21, a 
corporation may in its charter or bylaws or by contract or resolution indemnify or agree to 
indemnify any one or more of its officers, directors, employees, or agents against Hability 
and Utigation expense, including reasonable attorneys' fees, arising out of their status as 
such or their activities in any of the foregoing capacities; provided, however, that a 
corporation may not indemnify or agree to indemnify a person against Hability or litigation 
expense he may incur on account of his activities which were at the time taken known or 
believed by him to be clearly in conflict with the best interests of the corporation. A 
corporation may likewise and to the same extent indemnify or agree to indemnify any 
person who, at the request of the corporation, is or was serving as a director, officer, 
employee, or agent of another corporation, partnership, joint venture, trust or other 
enterprise or as a trustee or administrator under an employee benefit plan. Any charter or 
bylaw provision, contract, or resolution permitted under this section may include pro- 
visions for recovery from the corporation of reasonable costs, expenses, and attorneys' 
fees in connection with the enforcement of rights to indemnification granted therein and 
may further include provisions establishing reasonable procedures for determining and 
enforcing the rights granted therein." 

. Sec. 36. G. S. 55-19(b) is rewritten to read: 

"(b) The authorization, adoption, approval, or favorable recommendation by the 
board of directors of a corporation or any charter or bylaw provision or contract or 



July 15, 1986 



296 SENATE JOURNAL [Second Session 

resolution, as permitted in this section, shall not be deemed an act or corporate transac- 
tion in which a director has an adverse interest, and no such charter or bylaw provision or 
contract or resolution shall be void or voidable on such grounds. Except as permitted in 
G. S. 55-30, no such bylaw, contract, or resolution not adopted, authorized, approved, or 
ratified by shareholders shall be effective as to claims made or liabilities asserted against 
any director prior to its adoption, authorization, or approval by the board of directors." 

Sec. 37. G. S. 55-19(c) is amended by adding immediately after "trust or other 
enterprise" the words "or as a trustee or administrator under an employee benefit plan". 

Sec. 38. G. S. 55-19(d) is amended by adding immediately after "in the specific 
case" the words "or as authorized or required under any charter or bylaw provision or by 
any apphcable resolution or contract" and is further amended by deleting "as authorized in 
this section or in G. S. 55-20 or 55-21" and substituting "against such expenses". 

Sec. 39. G. S. 55-20 (a) is amended: 

(a) By adding a immediately after the words "trust or other enterprise" the words 
", or at the request of the corporation as a trustee or administrator under an employee 
benefit plan"; 

(b) In subparagraph (1) of that subsection, by deleting the words "on the merits"; 

(c) By deleting subparagraph (2) of that subsection and redesignating the following 
subparagraph as subparagraph (2); 

(d) The first sentence of the newly designated subparagraph (2) is rewritten to read: 
"(2) If such person is not wholly successful or is unsuccessful in his defense, or the 
proceeding to which he is a party results in his indictment, fine, or penalty, the corpora- 
tion shall pay such expenses of defense or participation, including attorneys' fees, and the 
amount of any judgment, money decree, fine, penalty, or settlement for which he may 
have become liable, if:"; and 

(e) By deleting the final period of subsubparagraph b. of the newly designated 
subparagraph (2) and substituting ", or". * s '; 

Sec. 40. G. S. 55-21(c) is amended by deleting "permitted" and substituting 
"provided". 

Sec. 41. G. S. 20-279.21 (b) (3) is amended in the first paragraph: 

(a) By deleting the phrase that begins with "and provided that" and that ends with 
"of third persons", and by substituting the following: 

"provided, an insured is entitled to secure additional coverage up to the limits of bodily 
injury liability in the owner's policy of liability insurance that he carries for the protection 
of third persons."; and 

(b) By deleting "ten thousand dollars ($10,000)" and by substituting the following: 
"up to the limits of property damage liabiUty in the owner's policy of Hability in- 
surance,". 

Sec. 42. G. S. 20-279.21(b) (3) and (b) (4) are each amended by adding to the end of 
the first paragraph of G. S. 20-279.21(b) (3) and to the end of G. S. 20-279.21(b) (4) the 
following sentence: 



July 15, 1986 



1986] SENATE JOURNAL 297 

"If the named insured rejects the coverage required under this subdivision, the insurer 
shall not be required to offer the coverage in any renewal, reinstatement, substitute, 
amended, altered, modified, transfer or replacement policy unless the named insured 
makes a written request for the coverage. Rejection of this coverage for policies issued 
after October 1, 1986, shall be made in writing by the named insured on a form pro- 
mulgated by the North Carolina Rate Bureau and approved by the Commissioner of 
Insurance." 

Sec. 43. G. S. 58-248.33(b) (2) is amended by inserting on the line between the 
amounts for medical payments and uninsured motorist the following: 

"Underinsured motorist: one hundred thousand dollars ($100,000) each person and 
three hundred thousand dollars ($300,000) each accident for bodily injury liability;". 

Sec. 44. G. S. 58-44.8 is amended by substituting "Article 36 of this Chapter" for 
"G. S. 58-53.1". 

Sec. 45. G. S. 58-422(8) is amended by inserting between "insurance" and "in- 
dependently" the following: ", insurance". 

Sec, 46. G. S. 58-424(a) (2)c. is amended by substituting "one" for "four" and 
"($1,500,000)" for "($4,500,000)". 

Sec. 47. G, S. 58-131.44(a) is amended by substituting the words, "obtain a license 
from and" between the words "shall" and "file". 

Sec. 48. G. S. 58-131. 45(a) is amended by inserting the words, "obtain a license 
from and" between the words "file" and "with". 

Sec. 49. G. S. 57B-3 is amended by substituting the words, "full compHance with 
Article 17 of General Statute Chapter 58" for the words, "registration to do business in 
this State as a foreign corporation under Article 17 of Chapter 58". 

Sec. 50. G. S. 20-130. 1(b) is amended by adding a new subdivision (11a) to read: 

"(11a) A vehicle operated by the State Fire Marshal or his representatives in the 
performance of their duties, whether or not the State owns the vehicle;". 

Sec. 51. G. S. 143-143.13, as found in the 1985 Supplement, is amended by adding 
a new subsection (c) to read: 

"(c) In addition to the authority to deny, suspend, or revoke a hcense under this Part, 
the Board also has the authority to impose a five hundred dollar ($500.00) civil penalty 
upon any person violating the provisions of this Part." 

Sec. 52. G. S. 58-16.3 is amended by deleting the citation, "58-16.1" from the 
section. 

Sec. 53. G. S. 58-151 is amended by designating the present section as subsection 
(a) and by adding a new subsection (b) to read: 

"(b) Any foreign or alien company admitted to do business in this State shall have as a 
part of its corporate title one of the following: 'insurance company', 'insurance association', 
'insurance society', 'life', 'casualty', or 'indemnity'; and 'mutual', if the corporation is 
organized upon the mutual principle." 



July 15, 1986 



298 SENATE JOURNAL [Second Session 

Sec. 54. G. S. 97-94(a), as found in the 1985 Supplement, is amended by substitut- 
ing "Industrial Commission" for "Commissioner of Insurance". 

Sec. 55. G. S. lA-1, Rule 11(a) is rewritten to read as follows: 

"(a) Signing by attorney. Every pleading, motion, and other paper of a party 
represented by an attorney shall be signed by at least one attorney of record in his 
individual name, whose address shall be stated. A party who is not represented by an 
attorney shall sign his pleading, motion, or other paper and state his address. Except 
when otherwise specifically provided by rule or statute, pleadings need not be verified or 
accompanied by affidavit. The signature of an attorney or party constitutes a certificate 
by him that he has read the pleading, motion, or other paper; that to the best of his 
knowledge, information, and belief formed after reasonable inquiry it is well grounded in 
fact and is warranted by existing law or a good faith argument for the extension, 
modification, or reversal of existing law, and that it is not interposed for any improper 
purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of 
litigation. If a pleading, motion, or other paper is not signed, it shall be stricken unless it is 
signed promptly after the omission is called to the attention of the pleader or movant. If a 
pleading, motion, or other paper is signed in violation of this rule, the court, upon motion 
or upon its own initiative, shall impose upon the person who signed it, a represented 
party, or both, an appropriate sanction, which may include an order to pay to the other 
party or parties the amount of the reasonable expenses incurred because of the filing of the 
pleading, motion, or other paper, including a reasonable attorney's fee." 

Sec. 56. G. S. lA-1, Rule 8 (a) (2), is rewritten to read: 

"(2) A demand for judgment for the relief to which he deems himself entitled. Relief in 
the alternative or of several different types may be demanded. In all negligence actions, 
and in all claims for punitive damages in any civil action, wherein the matter in con- 
troversy exceeds the sum or value often thousand dollars ($10,000), the pleading shall not 
state the demand for monetary relief, but shall state that the relief demanded is for 
damages incurred or to be incurred in excess often thousand dollars ($10,000). However, 
at any time after service of the claim for reUef, any party may request of the claimant a 
written statement of the monetary relief sought, and the claimant shall, within 10 days 
after such service, provide such statement, which shall not be filed with the clerk until the 
action has been called for trial or entry of default entered. Such statement may be 
amended in the manner and at times as provided by Rule 15." 

Sec. 57. In the event any provision of this act is held to be invalid by any court of 
competent jurisdiction, the court's holding as to that provision shall not affect the validity 
or operation of other provisions of this act; and to that end the provisions of this act are 
severable. 

Sec. 58. Section 28 of this act is effective March 10, 1986. Sections 9. 1 through 20, 
and 29 of this act shall become effective September 1, 1986. Sections 41 through 43 of this 
act shall become effective October 1, 1986. Sections 55 and 56 shall become effective 
January 1, 1987, and shall apply to pleadings, motions, or papers filed on or after that date. 
The remaining sections of this act are effective upon ratification. 

The Chair declares the Senate in recess until 4:45 P.M. for the purpose of committee 
meetings. 



July 15, 1986 



1986] SENATE JOURNAL 299 

AFTERNOON SESSION — 4:45 P.M. 

The Senate meets pursuant to recess and is called to order by the Honorable Robert B. 
Jordan III, Lieutenant Governor, 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

S. B. 873 House of Representatives 

July 15, 1986 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that the 
House has adopted the report of the Conferees on S. B. No. 873 A BILL TO BE 
ENTITLED AN ACT TO REVISE THE RATING AND CLASSIFICATION PLANS 
AND THE RATEMAKING PROCEDURE FOR NONFLEET PRIVATE PASSEN- 
GER MOTOR VEHICLE INSURANCE; TO MAKE REVISIONS AND IM- 
PROVEMENTS IN THE REGULATION OF COMMERCIAL PROPERTY AND 
LIABILITY INSURANCE RATES; TO REQUIRE REPORTS FROM INSURERS 
AND TO AUTHORIZE THE INSURANCE COMMISSIONER TO MODIFY RATES 
IF STATUTORY CHANGES IN CIVIL LAW AFFECT INSURERS' EXPERI- 
ENCE; TO MAKE CHANGES IN CERTAIN INSURANCE MARKET PRACTICES 
FOR THE BENEFIT OF CONSUMERS; AND TO MAKE TECHNICAL CHANGES 
IN THE INSURANCE LAWS, AND TO MAKE CHANGES IN RULES 8(a) (2) AND 
11(a) OF THE RULES OF CIVIL PROCEDURE, to the end that when a similar action 
has been taken on the part of the Senate, you may order the bill enrolled. 

Respectfully, 

S/ Grace A. Collins 

Principal Clerk 

The bill, as presented by the Conferees, is ordered enrolled. 

CONFERENCE REPORT 

S. B. 726 

Senator Winner, for the Conferees appointed to consider the differences arising be- 
tween the Senate and House of Representatives upon S. B. 726 a bill to abolish certain 
executive branch boards and to consoHdate the functions of other boards and to create the 
Administrative Rules Review Commission, submits the following Report: 

To the President of the Senate and the 
Speaker of the House of Representatives: 

We, your conferees, appointed to resolve the differences arising between the Senate 
and the House of Representatives on Senate Bill 726 (3rd edition), A BILL TO BE 
ENTITLED AN ACT TO ABOLISH CERTAIN EXECUTIVE BRANCH BOARDS 
AND TO CONSOLIDATE THE FUNCTIONS OF OTHER BOARDS AND TO CRE- 
ATE THE ADMINISTRATIVE RULES REVIEW COMMISSION, wish to report as 
follows: 



July 15, 1986 



300 SENATE JOURNAL [Second Session 

The Senate concurs in Senate Bill 726 (3rd edition) with the following amendments: 

(1) on page 7, hnes 8 through 10 by rewriting those lines to read: "(1) Is within the 
authority delegated to the agency by the General Assembly; (2) Is clear and 
unambiguous;"; 

(2) on page 7, line 28 by deleting the words "the statutory authority of the agency" and 
substituting the words "the authority delegated to the agency"; 

(3) on page 8, line 4 by deleting the reference "150B-39" and substituting the reference 
"150B-59"; 

(4) on page 8, line 7 by deleting the words "its statutory authority" and substituting 
the words "the authority delegated to it"; 

(5) on page 10, line 27 by deleting the word "its" and substituting the word "the"; 

(6) on page 10, line 28 by deleting the words "statutory authority" and substituting the 
words "authority delegated to it"; 

(7) on page 8, line 10 by deleting the period and substituting the following: "for a period 
not to exceed 90 days."; 

(8) on page 9, lines 5 through 28, and page 10, lines 1 through 9 by rewriting those Hnes 
to read as follows: 

"(f) Regardless of whether the agency returns the rule to the Commission without 
change instead of revising the rule to remove the Commission's objections or 
whether the Commission determine that a revision of a rule has not removed its 
objections, the Commission shall note its approval of the rule once 90 days have 
passed since the Commission objected and delayed the filing of the rule or part of 
the rule pursuant to G. S. 143B-30.2(c) and shall return the rule to the agency. 
However, if the agency returns the rule to the Commission without change instead 
of revising the rule to remove the Commission's objections, or if the Commission 
determines that a revision of a rule has not removed its objections, the Com- 
mission's approval shall be accompanied by a notation of the Commission's objec- 
tion to the rule. The agency may then file the rule with the Director of the Office of 
Administrative Hearings under G. S. 150B-59, and the rule shall become effective 
as provided in that section. If the agency did not remove the Commission's 
objections to the rule or part of the rule, the Commission may send to the President 
of the Senate and the Speaker of the House of Representatives a written report of 
its objections to the rule. Thereafter, if the General Assembly enacts legislation 
disapproving the rule, the rule shall no longer be effective."; 

(9) on page 11, line 19 and 20 by rewriting those lines to read: "rules approved under 
G. S. 143B-30.2(e) or (f).' "; 

(10) on page 13, line 7 by deleting the phrase "shall become effective July 1, 1986" and 
substituting the phrase "are effective upon ratification"; 

(11) on page 13, by inserting between hnes 4 and 5 the following: 

"Sec. 40. The second sentence of G. S. 150B-32(a) is amended by deleting the words 'in 
the petition to commence the case' and is further amended by deleting the language 
following the last comma and substituting the following: 



July 15, 1986 



1986] SENATE JOURNAL 301 

'or one or more hearing officers designated by the agency to conduct contested cases 
shall preside at the contested case.' "; 

(12) on page 13, line 5 by deleting the number "40" and substituting the number "41"; 

(13) on page 10, line 10 by deleting the words "a joint" and substituting the words "any 
law"; and 

(14) on page 10, line 11 by deleting the word "resolution". 

And the House agrees to the same. 

To this end, the conferees recommend that the Senate and House of Representatives 
adopt the foregoing report. 

This the 15th day of July, 1986. 

S/ Henson p. Barnes S/ W. Paul Pulley, Jr. 

S/ Dennis J. Winner S/ H. Martin Lancaster 

S/ Robert Davis Warren S/ George W. Miller, Jr. 

Conferees for the Senate Conferees for the 

House of Representatives 

On motion of Senator Winner, the Conference Report is adopted (electronically re- 
corded) and a message is ordered sent to the House of Representatives informing that 
Honorable Body of such action. 

RECONSIDERATION 

H. B. 2141, a bill authorizing studies by the Legislative Research Commission, and to 
make other amendments affecting the Railroad Negotiating Commission, as amended. 

Senator Barnes moves that the vote by which the bill, as amended, passed its third 
reading be reconsidered, which motion prevails. 

Senator Barnes offers Amendment No. 7 which is adopted (electronically recorded). 

The bill, as amended, passes its third reading (electronically recorded) and is ordered, 
without objection, sent to the House of Representatives for concurrence in Senate 
Amendments No. 2, No. 3, No. 4, No. 5, No. 6, and No. 7, by special messenger. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

S. B. 1294, a bill to appoint persons to various public offices upon the recommendation of 
the President of the Senate, for concurrence in House Amendment No. 1. 

On motion of Senator Harrington, the rules are suspended, and the bill is placed before 
the Senate for immediate consideration. 

On motion of Senator Harrington, the Senate concurs in House Amendment No. 1 
(electronically recorded), and the bill is ordered enrolled. 

S. B. 1301, a bill to change the effective date for the commencement of benefits from the 
Sheriffs' Supplemental Pension Fund from July to January of each year and to cause any 
excess assets of Fund to be transferred to the Supplemental Retirement Income Plan for 
other local governmental law enforcement officers, for concurrence in House Amendment 
No. 1. 



July 15, 1986 



302 SENATE JOURNAL [Second Session 

On motion of Senator Rand, the rules are suspended, and the bill is placed before the 
Senate for immediate consideration. 

On motion of Senator Rand, the Senate concurs in House Amendment No. 1 (electroni- 
cally recorded), and the bill is ordered enrolled. 

S. B. 726 _;., . House of Representatives 

July 15, 1986 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that the 
House has adopted the report of the Conferees on S. B. No. 726, A BILL TO BE 
ENTITLED AN ACT TO ABOLISH CERTAIN EXECUTIVE BRANCH BOARDS 
AND TO CONSOLIDATE THE FUNCTIONS OF OTHER BOARDS AND TO CRE- 
ATE THE ADMINISTRATIVE RULES REVIEW COMMISSION, to the end that 
when a similar action has been taken on the part of the Senate, you may order the bill 
enrolled. 

Respectfully, 

S/ Grace A. Collins 

Principal Clerk 

The bill is ordered enrolled. 

The Chair declares the Senate in recess until 5:45 P.M. for the purpose of committee 
meetings. 

AFTERNOON SESSION — 5:45 P.M. 

The Senate meets pursuant to recess and is called to order by the Honorable Robert B. 
Jordan III, Lieutenant Governor. 

CALENDAR (Continued) 

H. J. R. 2139, a joint resolution providing for adjournment sine die of the General 

Assembly. 

Senator Harrington offers Amendment No. 1 which is adopted (electonically recorded). 

The joint resolution, as amended, passes its second (electronically recorded) and third 
readings and is ordered sent to the House of Representatives for concurrence in Senate 
Amendment No. 1, without objection, by special messenger. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H. B. 2141 House of Representatives ' 

July 15, 1986 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that the 
House fails to concur in the Senate amendment No. 4 to H. B. No. 2141, A BILL TO BE 
ENTITLED AN ACT AUTHORIZING STUDIES BY THE LEGISLATIVE RE- 
SEARCH COMMISSION, AND TO MAKE OTHER AMENDMENTS AFFECTING 



July 15, 1986 



1986] SENATE JOURNAL 303 

THE RAILROAD NEGOTIATING COMMISSION, and requests conferees. The Speak- 
er has appointed Representatives Hunt, Michaux, Quinn, Stamey, and Murphy on the 
part of the House to confer with a Hke committee appointed by the Senate to the end that 
the differences arising may be adjusted. 

Respectfully, 

S/ Grace A. Collins 
Principal Clerk 

Senator Rand moves that the President appoint conferees, which motion prevails. The 
President appoints Senators Rand, Martin of Guilford, and Watt as conferees on the part 
of the Senate and a message is ordered sent to the House of Representatives informing 
that Honorable Body of such action. 

RECALL FROM THE HOUSE OF REPRESENTATIVES 

H. J. R. 2139 a joint resolution providing for adjournment sine die of the General 
Assembly, as amended. 

On motion of Senator Harrington, the joint resolution, as amended, is recalled from the 
House of Representatives for further consideration. 

Upon the return of the joint resolution, as amended. Senator Harrington moves that the 
vote by which the joint resolution, as amended, passed its third reading be reconsidered, 
which motion prevails. 

Senator Harrington moves that the vote by which Amendment No. 1 was adopted be 
reconsidered, which motion prevails. 

Upon the request of Senator Harrington, the Chair directs Amendment No. 1 corrected 
and Senator Harrington offers the corrected Amendment No. 1 which is adopted. 

The joint resolution, as amended, passes its third reading and is ordered sent to the 
House of Representatives for concurrence in the corrected Senate Amendment No. 1, 
without objection, by special messenger. 

CONFERENCE REPORT 

H. B. 2103 

(Committee Substitute) 

Senator Hardison, for the Conferees appointed to consider the differences arising 
between the Senate and House of Representatives upon H. B. 2103 (Committee Sub- 
stitute), a bill to amend the Insurance Premium Tax Law, submits the following Report: 

To the President of the Senate and the 
Speaker of the House of Representatives 

We, your conferees, appointed to resolve the differences arising between the Senate 
and the House of Representatives on House Bill 2103, Committee Substitute, A BILL TO 
BE ENTITLED AN ACT TO AMEND THE INSURANCE PREMIUM TAX LAW, 
wish to report as follows: 

The House concurs in Senate amendment #1 with an amendment adding the following 
to the end of Senate amendment #1: 

Add new sections to the bill to read: "Sec. 5. 1. Effective for taxable years beginning on 



July 15, 1986 



304 SENATE JOURNAL [Second Session 

or after January 1, 1988, G. S. 105-228.5 and G. S. 105-228.6 are repealed, except that the 
seventh paragraph of G. S. 105-228.5 as it existed before this act is not repealed, but is 
instead amended by deleting 'The taxes levied herein measured by premiums shall be in 
lieu of all other taxes upon insurance companies except', and substituting 'The only taxes 
upon insurance companies shall be'. This section does not affect the rights or liabilities of 
the State, a taxpayer, or other persons arising under these sections before their repeal, 
nor does it affect the right to any refund of a tax that would otherwise have been available 
before the repeal. 

Sec. 5.2, Not later than for the taxable year 1988, the General Assembly will reexamine 
insurance premium taxes with a view to making the changes revenue neutral."; 

Further amend the bill on page 1, line 2, between lines 2 and 3, by adding the following: 
"Whereas, the projection of the Fiscal Research Division indicates that under sections 1 
through 5 of this act in taxable year 1988 (the third year) there will be a shortfall of sixteen 
million dollars ($16,000,000) as compared with the rates charged in 1985; and 

Whereas it is the intention of the General Assembly that any modification of insurance 
premium taxes be revenue neutral; Now, therefore," 

To this end, the conferees recommend that the Senate and House of Representatives 
adopt the foregoing report. 

This the day of July, 1986. 

S/ Harold W. Harbison S/ W. Paul Pulley, Jr. 

S/ Ralph A. Hunt S/ Joe R. Hudson 

S/ Marshall A. Rauch S/ Josephus Lyman Mavretic 

Conferees for the Senate Conferees for the 

House of Representatives 

On motion of Senator Hardison, the Conference Report is adopted (electronically 
recorded) and a message is ordered sent to the House of Representatives informing that 
Honorable Body of such action. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H. B. 2103 House of Representatives 

(Committee Substitute) July 15, 1986 '- 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that the 
House has adopted the report of the Conferees on Com. Sub. H. B. No. 2103, A BILL TO 
BE ENTITLED AN ACT TO AMEND THE INSURANCE PREMIUM TAX LAW, to 
the end that when a similar action has been taken on the part of the Senate, we will order 
the bill enrolled. 

Respectfully, * 

S/ Grace A. Collins 
Principal Clerk . - 



July 15, 1986 



1986] SENATE JOURNAL 305 

CONFERENCE REPORT 

H. B. 2141 

Senator Martin of Guilford, for the Conferees appointed to consider the differences 
arising between the Senate and House of Representatives upon H. B. 2141, a bill 
authorizing studies by the Legislative Research Commission, and to make other amend- 
ments affecting the Railroad Negotiating Commission, submits the following Report: 

To the President of the Senate and the 
Speaker of the House of Representatives: 

We, your conferees, appointed to resolve the differences arising between the Senate 
and the House of Representatives on House Bill 2141, A BILL TO BE ENTITLED AN 
ACT AUTHORIZING STUDIES BY THE LEGISLATIVE RESEARCH COMMIS- 
SION, AND TO MAKE OTHER AMENDMENTS AFFECTING THE RAILROAD 
NEGOTIATING COMMISSION, wish to report as follows: 

The Senate recedes from Amendment Number 4. 

To this end, the conferees recommend that the Senate and House of Representatives 
adopt the foregoing report. 

This the 15th day of July, 1986. 

S/ William N. Martin S/ John J. Hunt 

S/ Anthony E. Rand S/ Henry M. Michaux 

S/ Melvin L. Watt S/ Wendell H. Murphy 

S/ Dwight Quinn 

S/ Peggy Stamey 
Conferees for the Senate Conferees for the 

House of Representatives 

On motion of Senator Martin of Guilford, and without objection, the Conference Report 
is adopted and a message is ordered sent to the House of Representatives informing that 
Honorable Body of such action. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H. B. 2141 House of Representatives 

July 15, 1986 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that the 
House has adopted the report of the Conferees on H. B. No. 2141, A BILL TO BE 
ENTITLED AN ACT AUTHORIZING STUDIES BY THE LEGISLATIVE RE- 
SEARCH COMMISSION, AND TO MAKE OTHER AMENDMENTS AFFECTING 
THE RAILROAD NEGOTIATING COMMISSION, to the end that when a similar 
action has been taken on the part of the Senate, we will order the bill enrolled. 

'' - . Respectfully, 

• ' S/ Grace A. Collins 

Principal Clerk 

July 15, 1986 



306 SENATE JOURNAL [Second Session 

RECALL FROM THE HOUSE OF REPRESENTATIVES 

H. J. R. 2139, a joint resolution providing for adjournment sine die of the General 
Assembly, as amended. 

Senator Hipps offers a motion to the end that the joint resolution, as amended, be 
recalled from the House of Representatives for further consideration, which motion 
prevails. 

The Chair orders a message sent to the House of Representatives requesting the return 
of the joint resolution, as amended, for further consideration. 

On motion of Senator Harrington, seconded by Senator Winner, the Senate adjourns to 
meet tomorrow, Wednesday, July 16, at 10:00 A.M. 



ONE HUNDRED FORTY-NINTH DAY 

Senate Chamber, 
Wednesday, July 16, 1986. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan HI, Lieutenant Governor. 

Prayer is offered by the Senator Guy of Onslow, as follows: 

"Our Heavenly Father, we come today with grateful and thankful hearts, thanking You 
for this day and the continuation of our lives and for the opportunity to serve. 

"We finally made peace with the struggle, but who wants a life with all the questions 
answered and all the dilemmas solved? Who wants to wake up in the morning and find 
there is no great issue to wrestle with that day? We would go out of our minds. Lord, with 
a simple life. We're not made for it. How could we part with all our problems? We have 
become inseparable over the years. Who needs all that peace and tranquility? 

"We do. Lord. So, now breathe upon us the breath of Thy Holy Calm in order that we 
may see and hear and have hearts that listen, in order that we may find that tranquihty. 
And as we go forth from this place with good thoughts about what we have tried to do, 
forgive us of our sins and guide us all in the future, realizing that we are truly our brother's 
keeper. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

H. J. R. 2139, a joint resolution providing for adjournment sine die of the General 
Assembly, recalled from the House of Representatives for further consideration. 

Senator Harrington moves that the rules be suspended to the end that the vote by which 
the joint resolution, as amended, passed third reading be reconsidered, which motion 
prevails. 

Senator Harrington moves that the rules be suspended to the end that the vote by which 
Amendment No. 1 was adopted be reconsidered a second time, which motion prevails. 



July 16, 1986 



1986] SENATE JOURNAL 307 

Without objection, Senator Harrington withdraws Amendment No. 1 and offers 
Amendment No. 2, which is adopted. 

The joint resolution, as amended, passes its third reading and is ordered sent to the 
House of Representatives for concurrence in Senate Amendment No. 2, without objec- 
tion, by special messenger. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H. B. 1190 (Committee Substitute), an act to establish policies to preserve farmland. 
(Ch. 1025) 

H. B. 2107, an act to appoint persons to various pubUc offices upon the recommendation 
of the Speaker of the House of Representatives. (Ch. 1026) 

S. B. 873 (Committee Substitute), an act to revise the rating system and classification 
plans and the ratemaking procedure for nonfleet private passenger motor vehicle in- 
surance; to make revisions and improvements in the regulation of commercial property 
and liability insurance rates; to require reports from insurers and to authorize the 
Insurance Commissioner to modify rates if statutory changes in civil law affect insurers' 
experience; to make changes in certain insurance market practices for the benefit of 
consumers; and to make technical changes in the insurance laws, and to make changes in 
rules 8(a) (2) and 11(a) of the Rules of Civil Procedure. (Ch. 1027) 

S. B. 726 (Committee Substitute), an act to abolish certain executive branch boards and 
to consolidate the functions of other boards and to create the Administrative Rules 
Review Commission, (Ch. 1028) 

S. B. 1294, an act to appoint persons to various public offices upon the recommendation 
of the President of the Senate. (Ch. 1029) 

S. B. 1301, an act to change the effective date for the commencement of benefits from 
the Sheriffs' Supplemental Pension Fund from July to January of each year and to cause 
any excess assets of Fund to be transferred to the Supplemental Retirement Income Plan 
for other local governmental law enforcement officers. (Ch. 1030) 

H. B. 2103 (Committee Substitute), an act to amend the insurance premium tax law. 
(Ch. 1031) 

H. B. 2141, an act authorizing studies by the Legislative Research Commission, and to 
make other amendments affecting the Railroad Negotiating Commission. (Ch. 1032) 

H. J. R. 2139, a joint resolution providing for adjournment sine die of the General 
Assembly. (Res. 59) 

Senator Harrington offers a motion, seconded by Senator Hipps, that this Senate of the 
1985 General Assembly do now adjourn, sine die. 

The President orders a message sent to the House of Representatives informing that 
Honorable Body that the Senate has completed the business for which it was convened and 
stands ready to adjourn, sine die. 



July 16, 1986 



308 



SENATE JOURNAL 



[Second Session 



SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

House of Representatives 
July 16, 1986 

Mr. President: • , 

You are respectfully advised that the business of the House of Representatives has 
been concluded and that Body will be ready to open the doors of the House immediately 
upon receipt of information from your Honorable Body that you are ready to open your 
doors, that the gavels may fall simultaneously and adjournment may be declared sine die. 

Respectfully, 

S/ Grace A. Collins 

Principal Clerk 

Pursuant to the message that the House of Representatives has concluded the business 
before it and having notified that Body that the Senate has completed the business before 
it, the President of the Senate declares that the Senate stands ready for adjournment sine 
die. The President orders the doors of the Senate thrown open, and the Speaker of the 
House of Representatives is perceived standing ready to let the gavel fall. 

The motion heretofore offered by Senator Harrington, seconded by Senator Hipps, 
prevails. The hour for adjournment sine die as fixed by Resolution 59 having arrived, the 
President of the Senate, Robert B. Jordan HI, declares the Senate of the 1985 General 
Assembly adjourned, sine die. 



Robert B. Jordan HI 
President of the Senate 



Sylvia Morris Fink 
Principal Clerk of the Senate 



July 16, 1986 



ADDENDUM 



310 SENATE JOURNAL [Second Session 

It will be noted that a number of bills and resolutions passed second reading and then 
were read a third time on the same day. 

Rule 50 states: 

No bill on its third reading shall be acted upon out of the regular order in which it 
stands on the calendar, and no bill shall be acted upon on its third reading the same 
day on which it passed its second reading, unless so ordered by two thirds of the 
membership of the Senate. 

In order to comply with this Rule, no bill which has passed its second reading is read a 
third time except: 

(1) when a member moves that the Rule be suspended, and this motion prevails by at 
least a two-thirds vote of the membership of the Senate, or 

(2) when the Chair determines that there is no objection from any member present, 
which constitutes unanimous consent that Rule 50 be suspended. 

In these cases, the bill is read a third time and remains before the Senate for further 
consideration. 



It will be noted that when a bill passes its second reading and remains on the Calendar 
for further consideration, unless indicated otherwise, the measure is placed on the 
Calendar for the next legislative day in its regular order of business. 



It will be noted that Rule 20 (2) of the House of Representatives requires that "all 
measures affecting a fee imposed by the State or any subdivision thereof " are classified 
roll-call measures for the purpose of spreading the ayes and noes on the Journal. Though 
the Senate Rules do not require, the Rule of the House of Representatives is honored and 
the measures are considered as roll-call measures, unless ruled otherwise by the presiding 
officer. 

Sylvia Fink 
Principal Clerk 



1986] 



SENATE JOURNAL 



311 



BILLS AND RESOLUTIONS REMAINING 

IN THE SENATE TO BE TRANSFERRED 

TO ARCHIVES AND HISTORY 

1985 — 1986 SESSION 



The following bills and resolutions remained in the Senate upon adjournment sine die 
and shall be transferred to the Division of Archives and History of the Department of 
Cultural Resources upon adjournment sine die of the 1987 General Assembly in accord- 
ance with G. S. 120-37(f). 

NOTE: Certain bills ratified during the 1985 General Assembly cited various legislation 
which remained in committee. The ratified measures cited in parentheses below are found 
in the 1985 Session Laws as follows: 



SB 182— Ch. 757 HB 344— Ch. 

SB 48&— Ch. 791 HB 922— Ch. 

SB 636— Ch. 790 

Bill No. Short Title 

AGRICULTURE COMMITTEE 

SB 278 Soil Type and Productivity Set 
SB 502 Assessment For Egg Promotion 
HB 1152 Agricultural Product Theft Reporting 
HB 1153 Dealer Livestock Records To Be Kept 

APPROPRIATIONS COMMITTEE 



SJR 22 Continue LRC Day-Care Study 

SB 26 Day-Care Enforcement Funds 

SB 33 Caldwell Community College Funds 

SB 41 Military Service Retirement Purchase 

SB 47 Vocational Education Funding 

SB 61 Greene ADAP Funds 

SB 66 Emergency Training At Gaston College 

SB 67 Central School Payroll Optional 

SB 70 State Contrib.A^eterans Service Programs 

SB 72 Co-Counsel In Capital Cases 

SB 81 Wayne Forest Headquarters Funds 

SB 82 General Stats/Ins Regulation Study 

SB 86 UNC Chair Endowment 

SB 96 Protect-A-Child 

SB 110 Cleveland ADAP Equipment Funds 

SB 111 Child-Care Funds— PUSH, Inc. 

SB 113 Permanent Part-Time Retirement 

SB 115 UNC-Asheville Library Funds 

SB 116 Emergency Judge Pay Increase 

SB 122 Transfer/Science-Math School 

SB 128 Area Match Funding Equalization 

SB 130 Historic Preservation Funds 

SB 138 Parks Equipment Funds 



792 

778 



Identical Bill/Note 



(Id— H 39) 
(Id— H 22) 



(Id— H 186/see S 182) 
(Id— H 218) 



(see S 182) 



(Id— H 875/see H 344) 
(see S 182) 



(see S 182) 

(Id— H 287/see S 182) 
(Id— H 288) 



312 



SENATE JOURNAL 



[Second Session 



APPROPRIATIONS COMMITTEE (continued) 



SB 

SB 

SB 

SB 

SB 

SB 

SB 

SB 

SB 

SB 

SB 

SB 

SB 

SB 

SB 

SB 

SB 

SB 

SB 

SB 

SB 

SB 

SJR 

SB 

SB 

SB 

SB 

SB 

SB 

SB 

SB 

SB 

SB 

SB 

SB 

SB 

SB 

SJR 

SB 

SB 

SB 

SB 

SB 

SB 

SJR 

SB 

SB 

SB 

SB 



141 Unreduced Retirement Benefits 
144 Vocational Teacher Funds 

152 Fletcher Center Funds 

153 Brevard Music Center 

157 Aid To Public Libraries Fund 

158 N.C. Marketing 

165 Child Abuse Testimony 

166 Funds For Fast Program 
Missing Children Act 
New Infirmary For Women's Prison 
Industrial Commission Salaries 
State Parks Commission 
Science Education Center Funds 
Natural History Museum Funds 

186 Parks Capital Improvement Funds 

197 Funds For Spouse Abuse Centers 

198 N.C. Fire Commission Funds 
New District Judge — 18th District 
Mental Health Gas Tax Refund 
Forsyth Land Preservation Funds 
Enhance Retirement Benefits 
Murray's Mill Funds 
LRC Study/Home Study Programs 
Dr. C. S. Brown Cultural Center Funds 
No Central Payroll In Pitt County 
General Lee Museum Funds 

253 Temple Theatre Restoration Funds 

256 Appellate Judges Law Changes 

257 State Judicial Center Commission 
Child-Care Grants- In- Aid 
Mentally Retarded Adult Housing Funds 
Gates Courthouse Funds 
Technical Development Act 
"Blackbeard" Outdoor Drama Funds 
Medical Database Commission 
Avery County ADAP Funds 

295 Technological Development Authority 
Funds 
LRC To Study Pretrial Release 
Nash/Edgecombe Schools 
Onslow Groundwater Funds 
Coastal Carohna College Funds 
Health Insurance Pool Of N.C. 
Salisbury Railroad Station Funds 
Restore Spencer Shops — Approp 
LRC Study/Inmate Substance Abuse 
Vance-Granville Community College Fund 
Perquimans Restoration Funds 
Cumberland Day-Care Training Funds 
Charlotte Individual Income Tax 



167 
169 
170 
172 
177 
178 



200 
201 
214 
220 
223 
224 
228 
240 
252 



260 
261 
271 
273 

285 
286 
290 



297 
302 
307 
308 
311 
313 
314 
317 
330 
331 
334 
351 



(Id— H 319) 

(Id— H 323/see S 182 & H 922) 
(Id— H 301/see S 182) 
(see S 636) 
(Id— H 332/see S 636) 

(see S 182) ' ' 

(see S 182) 

(Id— H 345/see H 344) ' 



(Id— H 357) 

(Id— H 399/see S 489) 



(Id— H 



(see S 636) 

(Id— H 457/see S 182) 

(Id— H 469) 

(see S 182 & H 922) 

(Id— H 844/see H 922) 



(Id— H 468/see S 182) 
(see H 922) 

(see H 922) 
(see S 182) 

(see S 182) 

(sees 636) 
(see H 530) 



(see H 922) 
(see S 182) 
(see S 636) 

(Id— H 576/see H 922) 



1986] 



SENATE JOURNAL 



313 



APPROPRIATIONS COMMITTEE (continued) 



SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 

SB 
SB 
SB 
SB 
SB 
SB 
SB 

SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 



407 
410 

415 

417 



355 PSU Centennial 

367 DMV Collect Motor Vehicle Taxes 

377 David Stick Library Funds 

380 Retired Appellate Judge Service 

381 Retired Justice Service On Court Appeals 

399 Mordecai Square Revolving Fund 

400 Dorothea Dix — Recreational Equipment 

401 Developmental Disabilities 

402 Local School Willie M. Funds 

404 Crippled Children Program Funds 
406 Work Release Center Study Funds 

Charlotte Hawkins Brown Funds 

Local Law Enforcement Retirement 
Benefits 

Travel And Tourism Funds 

Indigent Care Study 

422 Capital Area Soccer Field Funds 

423 Funds For The Creative Exchange 

424 Spring Hill House Funds 

425 Community College Study 

426 Approp Southwestern Family Violence 

Center 
Beaufort Odd Fellows Lodge Funds — 2 
Hookerton Rescue Funds 
Tucker House Funds 
Human Resources Development 
Victim Compensation Fund Changes 
Arts Council Funds 
Stanly Tech Health Center Funds 
Person Place Preservation Funds 
467 Perinatal Program Funds 
474 Pitt Community College Funds 

Haywood County After-School Funds 
Services To Persons With Autism 
Parks Funds 

Railroad Property Tax Value 
Grifton Depot Restoration 
Pitt County Farmers Market Funds 
484 School Closings For Bad Weather 

486 Solar Peanut Drying Research Funds 

487 Grain Facility Funds 
490 Poultry Research Funds 

Categorical Funds — Special Education 
Washington-Beaufort Civic Center Funds 
ECU Summer Theater Funds 
Pitt Historical Survey Funds 
AOC/Community Service 
Crops Research Funds 
Tidewater Research Station Fund 
N.C. Dance Theater Funds 



427 
434 
443 
448 
449 
454 
465 
466 



475 
476 

477 
478 
482 
483 



491 
492 
493 
494 
495 
497 
498 
499 



(see S 182) 
(Id— H 595) 
(see S 182) 



(see H 922) 

(see H 922) 

(Id— H 734/see S 182) 

(see S 489) 

(Id— H 738/see S 182) 

(see S 636) 

(Id— H 728/see S 182 & S 



(see S 182 & S 489) 
(see H 344) 
(see H 922) 
(see H 922) 
(see H 922) 
(see S 636) 



(Id— H 831/see H 922) 

(Id— H 816/see S 182) 

(see H 922) 

(Id— H 869) 
(see H 922) 



(Id— H 842) 

(Id— H 793/see H 922) 

(Id— H 830/see H 922) 

(see S 489) 

(see S 182) 



(see H 922) 

(see H 922) 
(see S 636) 



(see S 182) 



314 



SENATE JOURNAL 



[Second Session 



APPROPRIATIONS COMMITTEE (continued) 

SB 500 Temporary Service Retirement 

SB 501 Oxford Tobacco Research Funds 

SB 505 Angier Depot Restoration Funds 

SB 508 Iredell Mid-Level ADAP Funds 

SB 510 Raise/Motor Vehicle Hearing Officer 

SB 511 Aflatoxin And Butterfat Funds 

SJR 514 Personnel Salary/Benefits Study 

SB 516 Fayette ville Arts Facility Funds 

SB 519 Asheville-Buncombe Technical Funds 

SB 524 International Folk Festival Funds 

SB 525 Apple Festival Funds 

SB 527 Area Psychiatric Hospital Funds 

SB 528 Lenoir Community College Capital Funds 

SB 529 Jones County Auditorium Fund 

SB 531 James Sprunt Technical College 

SB 534 School Program/ Anti- Alcohol & Drug 

SB 535 Local Schools/Anti- Alcohol & Drug 

SB 539 Richmond Tech Learning Center 

SB 541 LRC Study Infrastructure 

SB 542 Craven Community College 

SB 545 Full Funding/Merits 

SB 550 Craven Arts Council & Craven Gallery 

Funds 

SB 554 Biological Pest Control Funds 

SB 555 Children's Trust Fund Monies 

SB 556 Emergency Hospitalization Funds 

SB 560 Merchants Millpond Park Funds 

SB 561 Roanoke Floodplain Land Acquisition 

SB 562 Pamlico Rescue Squad Funds 

SB 563 Morehead Harbor Dredging Funds 

SB 564 Senior Citizens Funds 

SB 565 Fishermen's Weather Service Created 

SB 566 Craven Courthouse Funds 

SB 567 Sealevel Rescue Squad Funds 

SB 569 Tammy Lynn Foundation Funds 

SB 570 Wake Technical-High Technology Funds 

SB 572 Funds— Martin Co. Multi-Purpose Bldg 

SB 573 Water Analysis Services— LRC 

SB 575 Henderson Dispute Center Funds 

SB 576 WNC Fisheries Biologist Funds 

SB 577 Full-Time Magistrate/Highlands 

SB 580 Sewage Law Amendment 

SB 582 Animal Welfare Act Enforcement 

SB 585 Foster Care Board Funds 

SB 601 Sampson Technical Funds 

SB 602 School Office Personnel Raise 

SB 604 General Reserve Fund 

SB 607 Pisgah Forest Fishery Funds 

SB 609 Triad Home For Autistic Youth Funds 

SB 611 LRC Outdoor Advertising Study 



(Id— H 888/see H 922) 



(see S 636) 
(see S 182) 
(Id— H 910) 

(see H 922) 



(see H 922) 

(Id— H 1099/see S 182) 
(Id— H 1098/see S 182) 

(see S 636) 



(see H 922) 
(see S 489) 



(see S 182 & S 489) 
(see H 922) 

(Id— H 942/see H 922) 

(see H 922) 

(see H 922) 

(see H 922 & S 182) 

(Id— H 984) 

(Id— H 1013) 

(see S 636) 



(Id— H 885/see S 182) 



1986] 



SENATE JOURNAL 



315 



APPROPRIATIONS COMMITTEE (continued) 



SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 
SB 



615 Southeastern Community College Fund 

617 Funds For Parks Lands Purchases 

618 Greene County Deputy Clerk 

619 Student Alcohol Education Funds 
627 Murfreesboro Preservation Funds 
631 Agricultural Research Station Funds 

637 Controller Study Commission 

638 LRC Child Support Study 

639 Gaston Children's Council Funds 
641 Hunter Safety Study 

646 Cafeteria Benefits Study Continued 
648 Basic Skills/Economic Education Funds 

Employment/Certified Teacher 

Employment Certified Teacher 

Radioactive Waste Study 

Union Point Funds 

Carteret Historical Museum Funds 

Wayne Community College Funds 

King Solomon Lodge Funds 

Travel Allowance/Increase 

LRC Study Local Finance 

Pay For Teacher With Master's Degree 

State Personnel Study Commission 

DWI Offender Funds 

Housing Trust Fund 

No Commuting Fee/Some State Employees 

Two New Magistrate Pay Scales 
688 Coastal Plains Academy Funds 
694 Rowland Depot Funds 

County Gets Returned License Fee 

Dispute Resolution Funds 

Self-Reliance Pilot Project 

Health Education Funds 

N.C. Professional Liability Study Comm 

Nash Cultural Center Funds 

Cleft Palate Coverage 

LRC Study Marketing Of Perishables 

Statesville City Hall Funds 

Anson Technical Training Center Funds 

School Career Development Pilot Program 
739 Tax Structures Study 
743 Microelectronics Extension Funds 

Durham Technical Status 

School Quality Assurance Funds 

Hiddenite Center Funds 

Agricultural Research Funds 

Trent River Bridge Funds 

Highway Fund Study Commission 

Western Piedmont Symphony Funds 

Museum of History Building Funds 



651 
652 
655 
656 
657 
665 
666 
668 
670 
672 
675 
678 
683 
684 
687 



695 
697 
698 
702 
703 
704 
717 
718 
724 
732 
736 



744 
745 
748 
758 
759 
763 
765 
766 



(Id— H 1042/see S 182 & S 489) 



(see H 922) 

(Id— H 1051) 

(see S 636) 
(see H 922) 
(Id— 1033) 
(see H 344) 

(see S 489) 
(see S 489) 
(Id— H 1373/see S 636) 

(see H 922) 

(see H 922) 

(see S 636) 
(see S 182) 



(see H 344) 
(see S 489) 
(see H 922) 



(Id— H 1166/see S 636 & H 344) 
(see H 922) 

(see S 636) 
(Id— H 1256) 

(Id— H 1293) 

(Id— H 1345/see S 182) 
(Id— H 1288) 
(Id— H 1302/see S 489) 
(see H 922) 

(see S 182) 
(see H 1342) 
(see H 922) 
(see S 182) 



316 SENATE JOURNAL [Second Session 

APPROPRIATIONS COMMITTEE (continued) ' *^^ 

Moore Natural Heritage Funds 
768 Jordan State Forest Funds (Id— H 1341) 

National Sports Festival Funds (see S 182) 

Rowan United Arts Council Funds ' 

NCSU/Funds For Minority Students 
Alcohol Studies Center At UNC Funds 

Regional Community College Funds ' 

Onslow Aging Funds (see H 922) 

Onslow Historical Survey Funds 

Carobell Home Funds (see H 922) 

Onslow Arts Funds (see H 922) 

Richlands-Onslow Co. Museum Funds (see H 922) 

Training School Closing Study 

Haven House Funds (see H 922) 

Low Income Homeowners Funds 
NC Closeup Program Funds 
Rockingham Community College Fund 
Surry College Funds 

Radio Reading Service Funds (Id— H 1348) 

Social Security Information Funds (see S 182) 

Onslow Human Services Council Funds (see H 922) 
Black Mountain Volunteer Fire Dept Funds (see S 182) 
Multi-Image Celebration Funds (see S 182) 

New Assistant DA For District 30 
Sheriffs Retirement 

Drug Prescription Funds (see S 489) - ' 

Roanoke-Chowan Mental Health Funds 
Minority Purchasing Assistance Funds 
Drug Law Enforcement Funds 
SBI Evidence Handling Building Funds 
Child Protection Study (see S 636) 

Nutrition/Dietary Services Funds (see S 182) 

Cedar Island Funds (see S 182) 

Interact Center Funds (see H 922) 

Chowan Interstate Commission (see S 182) 

NC Maritime Museum Funds (see S 182) 

Town Creek Historic Site Funds 
Elizabeth City State Generator Funds 
New Assistant DA For District 24 

Roanoke-Chowan Tech Capital Funds "'..'' 

School Advisory Councils/LRC Study 
Randolph Arts Guild Funds (see H 922) 

ACCEPT Operating Funds (see S 182) 

Voter File Study Funds (see S 182) 

Old Salem Funds (see H 922) 

Community Action Partnership 

State Park On Lake James Funds (Id— H 1361/see S 182) • 

Protective Services Worker Funds (Id— H 1394/see S 182) 

Estey Hall Funds (see S 182 & H 922) 

Randolph Prison Chaplain Funds (see H 922) ^ 



SB 


767 


SB 


768 


SB 


770 


SB 


771 


SB 


772 


SB 


773 


SB 


774 


SB 


775 


SB 


776 


SB 


777 


SB 


778 


SB 


779 


SB 


780 


SB 


781 


SB 


782 


SB 


783 


SB 


785 


SB 


786 


SB 


787 


SB 


788 


SB 


789 


SB 


790 


SB 


791 


SB 


793 


SB 


794 


SB 


795 


SB 


797 


SB 


798 


SB 


800 


SB 


801 


SB 


802 


SB 


803 


SB 


804 


SB 


805 


SB 


806 


SB 


807 


SB 


808 


SB 


809 


SB 


810 


SB 


811 


SB 


812 


SB 


813 


SB 


814 


SB 


815 


SB 


816 


SB 


817 


SB 


818 


SB 


819 


SB 


820 


SB 


821 



1986] SENATE JOURNAL 317 

APPROPRIATIONS COMMITTEE (continued) 

Cabarrus Arts Council Funds (see H 922) 

Cedar Island Ferry Terminal (see S 182) 

Ocracoke Ferry Facility Funds (see S 182) 

Funds For Tobacco Inspection 

Discovery Place Funds (Id— H 1350/see H 922) 

Legislative Ethics Study (see S 636) 

Funds For Western NC (see H 922) 

Mecklenburg Dispute Mediation Funds 

Indian Cultural Center Funds (see S 182) 

Elizabeth City State University Funds (Id— H 1401) 

New Hanover Boat Ramp Funds 

Cabarrus Civic Foundation Funds (see H 922) 

Livingstone College Funds 

Cumberland County Projects Funds 

Stormwater Management Study 

Local Government/Revenue Needs — LRC 

Study 
Uniform System Public Schools/LRC Study (see S 636) 
850 Additional Court Sites Study (see S 636) 

Council Of State Salaries 

Legislative Process/LRC Study (see S 636) 

Burley Tobacco Facihty Funds 
Belle Chere Festival Funds 
Firemen's Rescue Squad Fund Changes 
Motor Vehicle Inspection Funds Repealed (Id — H 1493) 
Brevard Music Center Pavilion Funds 
Home Health Care Funds 
Travel and Tourism Funds 
Buncombe Emergency Network Funds 
Madison-Buncombe Opportunity Funds 
David Stick Library Funds 
Northeastern N.C. Tomorrow Funds 
Insurance Dept Appropriation/Regulation (Id — H 1515) 
Arts Together Funds 
ReEntry, Inc. Funds 

Art Museum Funds (Id— H 1510) 

Symphony Funds 
Catawba Historical Restorations 

Dry Ridge Museum Funds (Id— H 1523) 

Frankie Lemmon School Funds 

Greene Adult Education Center (Id— H 1546) 

Office Of Marine Affairs Funds 

Western N.C. Tomorrow Funds (Id— H 1620) 

Black Mountain Juvenile Eval Center Funds (Id— H 1556 & 1670) 
Onslow Peers Funds 
Onslow Hospice Funds 
Child-Care Funds 
American Children's Home Funds 
Currituck Assistant Ranger Funds 
Blue Ridge Technical Capital Funds (Id— H 1628) 



SB 


823 


SB 


824 


SB 


825 


SB 


827 


SB 


828 


SB 


829 


SB 


830 


SB 


832 


SB 


833 


SB 


834 


SB 


836 


SB 


837 


SB 


838 


SB 


840 


SB 


841 


SJR 


847 


SJR 


848 


SB 


850 


SB 


852 


SJR 


853 


SB 


856 


SB 


857 


SB 


860 


SB 


862 


SB 


863 


SB 


865 


SB 


869 


SB 


870 


SB 


871 


SB 


876 


SB 


877 


SB 


880 


SB 


885 


SB 


886 


SB 


887 


SB 


888 


SB 


890 


SB 


894 


SB 


899 


SB 


900 


SB 


912 


SB 


921 


SB 


928 


SB 


929 


SB 


932 


SB 


933 


SB 


938 


SB 


940 


SB 


946 



318 SENATE JOURNAL [Second Session 

APPROPRIATIONS COMMITTEE (continued) 
Blue Ridge Technical Library 
Snuggs House Improvement Funds 
Chowan Interstate Funds 

Eliada Home Funds (Id— H 1599) 

Avery County ADA? Transp Funds (Id— H 1776) 

Elderly Housing Project 
Moore County Children's Funds 

Asheville Symphony Pops Funds (Id— H 1622) 

State Retirement Increase 

Halifax E.M.S. Authority Funds '' 

Halifax 4-H Day Camp Funds 

N.C. Dance Theater Funds , ,; 

Black Artists' Guild Funds 
Tammy Lynn Funds — 2 

Lee County School Library Funds (Id— H 1726) 

Temple Theatre Funds 
t.l.c. Home Funds 
Broadway Park Development Funds 
Sanford Revitalization Funds . 

General Lee Museum Funds 
Angier Senior Center Funds 
Craven Athletic Field House Funds 
Lemon Springs Improvement Funds — 2 — , 

Granville Senior Citizens Funds 
Cleveland Services Center Funds 
Land Grant Record Funds 
Alexander Reservoir Funds 

Big Ivy Historical Complex Funds (Id— H 1716) 

Schiele Museum Operating Funds 
Lincoln Community Center Funds 
Cleveland Historical Funds 
Pine Level Trash Disposal Funds 

I vanhoe Community Bldg. Funds , ^ ; 

Sampson Tech Funds 
Tobacco Museum Funds 

Johnston County Industries Funds ' ■, . ) 

Forestry Service OfficesAVayne Co. 

Gaston Shelter Funds • i 

Dental Health Funds 
Community Mental Health Funds 
Littleton Center Funds 

Dr. C. S. Brown Center Funds (Id— H 1709) 

Northampton Museum Funds 
LRC Study Elections 

Guilford Courthouse Renovation Funds s : 

Black Child And Family Funds , . ■ 

Blue Ridge Water Association : ' 

Blue Ridge Tech/College Funds ■ i. ,: 

Gaston VFD Funds ;, 

Elizabeth II To Hertford County , a 



SB 


947 


SB 


955 


SB 


956 


SB 


957 


SB 


958 


SB 


959 


SB 


960 


SB 


961 


SB 


962 


SB 


963 


SB 


964 


SB 


965 


SB 


966 


SB 


967 


SB 


968 


SB 


969 


SB 


970 


SB 


971 


SB 


972 


SB 


973 


SB 


974 


SB 


975 


SB 


976 


SB 


977 


SB 


978 


SB 


979 


SB 


980 


SB 


981 


SB 


982 


SB 


983 


SB 


984 


SB 


986 


SB 


987 


SB 


988 


SB 


989 


SB 


990 


SB 


991 


SB 


996 


SB 


997 


SB 


998 


SB 


999 


SB 


1000 


SB 


1001 


SB 


1002 


SB 


1003 


SB 


1004 


SB 


1005 


SB 


1006 


SB 


1007 


SB 


1008 



1986] SENATE JOURNAL 319 

APPROPRIATIONS COMMITTEE (continued) 

SB 1009 Ahoskie Chamber Of Commerce Funds 

SB 1010 Gates County Hist. Society Funds 

SB 1011 Jones Agricultural Center Funds 

SB 1012 Lenoir Law Enforcement Funds 

SB 1013 Lenoir Comm, College Aviation Funds 

SB 1014 Cedar Grove Day-Care Center Funds— 2 

SB 1015 Lincoln Health Center Funds 

SB 1016 Operation Breakthrough Comm. Action 

SB 1017 Durham Arts Council Funds 

SB 1018 Eastern Music Festival Funds 

SB 1019 S. E. Greensboro Council On Crime 

SB 1020 Northeast Ctr. For Human Development 

SB 1021 Historic Hope Funds 

SB 1022 Erwin Community Center Funds 

SB 1025 Olympic Festival Funds 

SB 1026 Water/Sewer Grant Funds (Id— H 1795) 

SB 1027 Maxton Day Care Council Funds 

SB 1028 Red Springs Community Center Funds 

SB 1029 Carolina Theater Funds— 2 

SB 1030 St. Pauls Community Bldg. Funds 

SB 1031 Hoke County Courthouse Funds 

SB 1032 Proctorville Town Community Bldg. 

SB 1033 Raeford Community Ctr Funds 

SB 1034 Fairmont Industrial Park Funds 

SB 1035 N.C. Turkey Festival Funds 

SB 1036 Parkton Community Center Funds 

SB 1037 Rowland Southside Alumni Funds 

SB 1038 Strike At The Wind Funds— 2 

SB 1039 Wake Senior Citizens Center Funds 

SB 1040 Jail Renovation Funds 

SB 1041 Louisburg Public Safety Center 

SB 1042 Richmond Economic Development Funds 

SB 1043 East Hamlet Citizens Funds 

SB 1044 Richmond Senior Center Funds 

SB 1045 Palisades Park Funds 

SB 1046 Montgomery Rape Crisis Funds 

SB 1047 Scotland Summer Jobs Program Funds 

SB 1048 Troy Park Funds 

SB 1049 Rankin Museum Funds 

SB 1050 Hamlet Library Friends Funds 

SB 1051 Anson County Project Development Funds 

SB 1052 Elm Rescue Squad Funds 

SB 1053 Falkland Rescue Squad Funds .. . , 

SB 1054 Pitt Community College Funds 

SB 1055 Farmville Senior Council Funds 

SB 1056 Pitt/Greenville Chamber of Commerce 

Funds— 2 ' 

SB 1057 Rocky Mount OIC Funds 

SB 1058 Bethel Library Funds 

SB 1059 Bethel Senior Center Funds 



320 SENATE JOURNAL [Second Session 

APPROPRIATIONS COMMITTEE (continued) ■ ^' • 

SB 1060 Edgecombe Public Library Funds ' -- 

Farm ville Arts Council Funds " ' 

Wilson Fire Equipment Funds 

Robersonville Hospital Funds 

Farm ville Band and Rec. Uniforms 

Crisis Assistance Ministry Funds — 1 

Charlotte Family Outreach Center — 2 

Afro- American Children's Theater 

Afro- American Cultural Center — 2 

Charlotte Emergency Housing Project 

Charlotte-Mecklenburg Youth Council — 2 

Family Housing Services Funds 

Anita Stroud Foundation Funds 

Sickle Cell Diseases For Charlotte 

Mecklenburg Pregnancy Prevention Funds — 2 

Gethsemane Enrichment Funds — 2 

Person County Aging Funds '" 

Metrolina Food Bank Funds — 2 

McCrorey YMCA Funds— 2 

School Psychologist Raise 

Workweek for Teacher Aides 

Schiele Museum Archaeology Funds 

Special Ed. Funding Formula (Id— H 1761) 

Braille Textbook Funds (Id— H 1762) 

Governor's School Funds (Id— H 1764) 

Preschool Special Education Funds (Id— H 1763) 

Eden Seniors Funds 

Madison Civic Center Funds 

Penn House Renovation Funds 

Madison Recreation Equipment Funds 

Eden City Animal Shelter Funds 

Stoneville Revitalization Funds 

Cove Creek Senior Center Funds 

Ashe Library Funds 

Stokes Radio System Funds 

Carlyle Higgins Agricultural Center 

Durham Meals On Wheels 
1097 John Avery Boy's Club Funds ' 

Durham Housing/ Youth Enrichment 

Sampson Alumni Funds 

Johnston Central Alumni Funds — 2 ^ 

Sampson Armory Funds 

Coharie Intra-Tribal Council Funds 

Herring Community Building Funds 

Four Oaks Community Bldg Funds 

Vance Emergency Communications 

N.C. Senior Citizen's Fed. Funds— 2 ';": 

Knightdale Park Funds 

Historic Bethabara Park Funds ' 

Hertford Arts Academy Funds 



SB 


1061 


SB 


1062 


SB 


1063 


SB 


1064 


SB 


1065 


SB 


1066 


SB 


1067 


SB 


1068 


SB 


1069 


SB 


1070 


SB 


1071 


SB 


1072 


SB 


1073 


SB 


1074 


SB 


1075 


SB 


1076 


SB 


1077 


SB 


1078 


SB 


1079 


SB 


1080 


SB 


1081 


SB 


1082 


SB 


1083 


SB 


1084 


SB 


1085 


SB 


1086 


SB 


1087 


SB 


1088 


SB 


1089 


SB 


1090 


SB 


1091 


SB 


1092 


SB 


1093 


SB 


1094 


SB 


1095 


SB 


1096 


SB 


1097 


SB 


1098 


SB 


1099 


SB 


1100 


SB 


1101 


SB 


1102 


SB 


1103 


SB 


1104 


SB 


1105 


SB 


1106 


SB 


1107 


SB 


1108 


SB 


1109 



1986] SENATE JOURNAL 321 

APPROPRIATIONS COMMITTEE (continued) 

SB 1110 "First For Freedom" Drama Funds 

SB nil Opera House Funds 

SB 1112 Cape Fear Satellite Funds 

SB 1113 Katie B. Hines Senior Center Funds 

SB 1114 Historic Hope Funds— 2 

SB 1115 Roper Fire Funds 

SB 1116 Gates County Hist. Society Funds 

SB 1117 Surry Co. Courthouse Funds 

SB 1118 Stoneville Water Connector Funds 

SB 1119 Job Strategy Center Funds 

SB 1120 Northwest Day School Funds 

SB 1121 Urban League Services 

SB 1122 Nature Science Center Funds 

SB 1123 Sawtooth Center Funds 

SB 1124 Neighborhood Council Day Care 

SB 1125 Rocky Mt. Children's Museum Funds 

SB 1126 Rocky Mount Band Funds 

SB 1127 Rocky Mount Children's Camp Funds 

SB 1128 Rocky Mount High Band Funds/Rose Bowl 

SB 1129 Roanoke Rapids Auditorium Funds 

SB 1130 Canal Arts Center Funds 

SB 1131 Lakeland Arts Center Funds 

SB 1132 YWCA Of Winston-Salem Funds 

SB 1133 Bethlehem Center Funds 

SB 1134 Delta Arts Center Funds 

SB 1135 Winston-Salem Arts Funds 

SB 1136 Winston-Salem Symphony Funds 

SB 1137 Old Salem Funds— 2 

SB 1138 Piedmont Opera Theatre, Inc., Funds 

SB 1139 Experiment In Self-ReUance Funds 

SB 1140 Women's Resource Center 

SB 1141 Wake Rehabilitation Services Funds 

SB 1142 Creative Exchange Ed. Programs 

SB 1143 Roles ville Rescue Service Funds 

SB 1144 Franklin Co. Museum Funds 

SB 1145 Center for Independent Living Funds 

SB 1146 Dunn Downtown Revitalization 

SB 1147 J-Water Resources Protect. Funds 

SB 1148 Powellsville Rec. /Civic Ctr. Funds 

SB 1149 Look Up Gaston Funds 

SB 1150 Rutherford Arts Council Funds— 2 

SB 1151 Lincoln County Hist. Assoc. 

SB 1152 Rutherford Shelter Funds 

SB 1153 Rutherford ADAP Funds 

SB 1154 Higher Ed. Project Funds 

SB 1155 Post Detention Advocates Funds 

SB 1156 Community Mediation Funds 

SB 1157 Person County Hospital Funds 

SB 1158 Lawson Creek Boat Ramp 

SB 1159 Tri-County ADAP Funds 



322 SENATE JOURNAL [Second Session 

APPROPRIATIONS COMMITTEE (continued) 

SB 1160 Black Mountain Utility Bldg. (Id— H 1669 & H 1802) 

SB 1161 Parkway Playhouse Funds (Id— H 1873) , 

SB 1162 Sampson Agri-Civic Center Funds ; 

SB 1163 Mebane Recreation Funds ' 

SB 1164 Richlands Tennis Courts Funds 

SB 1165 Onslow County Women's Ctr. Fund^-2 , 

SB 1166 Cape Fear Regional Theatre Funds 

SB 1167 New Hanover/Pender Fire and Rescue Funds 

SB 1168 After-School Funds 

SB 1169 Licklog Players Funds 

SB 1170 Foothills Nature Center Funds 

SB 1171 W. Carolina Land Study Funds 

SB 1172 Native American Newsletter Funds '\ 

SB 1173 Jonathan Creek Fire Dept. Funds - ^ ; 

SB 1174 School Enrichment Funds ; 

SB 1175 Valley Town Arts Council Funds • 

SB 1176 East Trade Street YWCA Funds— 2 ! 

SB 1177 Scotland Literacy Funds . | 

SB 1178 Richmond Arts Council Funds i 

SB 1179 The Rev. Jesse Rankin House Funds j 

SB 1181 FourthOf July Festival Funds ] 

SB 1182 Watermelon/Farmer Festival Funds (Id— H 1784) '^ 

SB 1183 Strawberry Festival Funds (Id— H 1789) 

SB 1184 Tabor City Revitalization Funds (Id— H 1787) 

SB 1185 Good Shepherd Home Funds (Id— H 1786 & H 2060) 

SB 1186 Yam Festival Funds (Id— H 1785) 

SB 1187 Columbus Senior Center Funds (Id— H 1809) 

SB 1188 Bogue Area Betterment Funds (Id— H 1808) 

SB 1189 Columbus Hospice Funds (Id— H 1810) 

SB 1190 Columbus Road Sign Funds (Id— H 1788) 

SB 1191 Tabor City Club Fifteen Funds 

SB 1192 Columbus Library Funds (Id— H 1807) 

SB 1193 Durham Arts Complex 

SB 1194 Textbooks For Handicapped (Id— H 1813) 

SB 1195 Charlotte-Metrolina Sickle Cell Funds 

SB 1196 Caswell Center Safe Funds 

SB 1197 Dallas Beautification/Renovation Funds 

SB 1198 Gaston County Museum Funds— 2 

SB 1199 Lowell Recreation Fund 

SB 1200 Schiele Museum Funds— 2 r 

SB 1201 Cleveland Abuse Prevention Funds ' 

SB 1202 Shelby Boys Town Funds 

SB 1203 Cleveland Voc. Indust. Funds 

SB 1204 Kings Mountain Boys Town 

SB 1205 Child Abuse Prevention Funds :. 

SB 1206 Cramerton Recreation Funds < 

SB 1207 Western Carolina Center Funds 

SB 1208 Rainbow Services Funds 1 

SB 1209 B H M/Aurora Library Funds - I 

SB 1210 Pitt/Martin/Beaufort Fire Funds 



1986] SENATE JOURNAL 323 



APPROPRIATIONS COMMITTEE (continued) 




SB 


1211 


Tri-County Spouse Abuse Funds 




SB 


1212 


Blackbeard Drama Funds 




SB 


1213 


Martin Community Players 




SB 


1214 


Pitt Farmers' Market Funds 




SB 


1215 


Pitt Child Development Center 




SB 


1216 


Moratoc Park Funds 




SB 


1217 


Martin Chamber Funds 




SB 


1218 


Pitt Family Violence Funds 




SB 


1219 


Bear Grass, James ville Funds 




SB 


1220 


Pitt School Funds 




SB 


1221 


OCI Day Program 




SB 


1222 


Sheppard Library Funds 




SB 


1223 


Greater Washington Chamber Funds 




SB 


1224 


Volunteers In Partnership 




SB 


1225 


Pitt Boys' Club Funds 




SB 


1226 


Child Care Network Funds 




SB 


1227 


Randolph Hospice Funds 




SB 


1228 


Siler City History Funds 




SB 


1229 


OPC Funds 




SB 


1230 


Community Shelter Project 




SB 


1231 


Pinetree Enterprises Funds 




SB 


1232 


Moore Performing Arts Center Funds 




SB 


1233 


Orange Industries Funds 




SB 


1234 


Moore Library Funds 




SB 


1235 


Carthage Museum/Community Funds 




SB 


1236 


Sandhills Hospice Funds 




SB 


1237 


Malcolm Blue Farm Funds 




SB 


1238 


Crystal Lake Dam Funds 




SB 


1239 


Greene Central Band Uniforms 




SB 


1240 


Wayne Poultry Festival Funds 




SB 


1241 


Goldsboro School Funds 




SB 


1242 


Wayne Co, Hist. Assoc. 




SB 


1243 


Greene County Committee 




SB 


1244 


Wayne Co. School Funds 




SB 


1245 


Chatham Aging Funds 




SB 


1246 


Chatham Child Dev. Ctr. 


(Id— H 1945) 


SB 


1247 


JOCCA Funds 




SB 


1248 


Chatham Family Violence Funds 




SB 


1249 Jordan Law Enforcement Funds 


(Id— H 1944) 


SB 


1250 


Chatham White Pines Funds 


(Id— H 1943) 


SB 


1251 


Orange/Person/Chatham Funds 




SB 


1252 


Chatham Historic Publication 




SB 


1253 


Randolph Library Funds 




SB 


1254 


Randolph Arts Guild Funds 




SB 


1255 


Randolph Spouse Abuse Funds 




SB 


1256 


Gatekeeper House Funds 




SB 


1257 


Food Bank/Sandhills Funds 




SB 


1258 


Art School Funds 




SB 


1259 


Funds For Park Uniforms 


(Id— H 1905) 


SB 


1260 


Funds For Park Radio System 


(Id— H 1904) 



324 SENATE JOURNAL [Second Session 

APPROPRIATIONS COMMITTEE (continued) 

SB 1261 Greene H. S. Athletic Club Funds ; > ' io 

Greene Fire And Rescue Funds u / V '■'' .. 

1263 Goldsboro Fire Dept. Vehicle 

WUNC TV/Radio Funds 
1265 Chatham Hospice Funds 

Pittsboro Bicentennial Funds \ 

Nonpoint Agricultural Pollution Funds (Id— H 1804) | 

Historic Preservation Fund — 2 j 

School Employee Salary Comm. (Id— H 1919) ^ 

Fire Equipment Replacement Funds - ^ 

Southern Piedmont Center '■ 

UNCAVCQS Funds (Id— H 1888) 

N.C. Holocaust Council Funds 

State Budget/1986-87 (Id— H 2055) 

Nash Cultural Center Funds — 2 - 

Meat Inspection Funds 

UNC Self-Liquidating Projects (Id— H 2019) 

Good Sheperd Home, Inc. 

Housing Act Amendment : ; 

Professional Liability Insurance/Actuary Funds 

Vaccine Injury Hearing Funds 

DHR Vaccine-Related Injury Funds ' ' 

Adopt A Trail Funds 

State Of Environment Fund 

Community Workers Funds 

Certificate Of Resale Changes 

Tax Amnesty Program 

Chronic Status Offenders 

Incentive Pay Committee 

Community College Trustees 

Consent For Minors Abortion ■ ' 

Organ Donor Information/Licensed Drivers 

Contractors Sponsor Events 

Local Projects Appropriations r.. 

Neglected Juveniles/Protective Services 

James Sprunt Technical 

Hazardous Waste Facility Fees 

Durham Technical Status , ' 

Proceeds Of Felons' Stories 

BASE BUDGET COMMITTEE— see APPROPRIATIONS COMMITTEE 

CHILDREN AND YOUTH COMMITTEE 

Child Abuse Licensing Unit (Id— H 45) 

Mandate Day-Care Abuse Report (Id — H 46) •• 

Day-Care Public Awareness 

Licensing Commission Abuse Visit (Id — H 43) 

Day-Care Licensing Enforcement (Id — H 40) 

Caretaker Definition Change 

Day-Care Plan Standards (Id— H 23) -. - 

Day-Care Provisional License (Id — H 44) 



SB 


1262 


SB 


1263 


SB 


1264 


SB 


1265 


SB 


1266 


SB 


1267 


SB 


1268 


SB 


1269 


SB 


1272 


SB 


1274 


SB 


1275 


SB 


1276 


SB 


1277 


SB 


1278 


SB 


1279 


SB 


1280 


SB 


1283 


SB 


1284 


SB 


1289 


SB 


1290 


SB 


1291 


SB 


1298 


SB 


1302 


SB 


1303 


HB 


12 


HB 


327 


HB 


569 


HB 


601 


HB 


895 


HB 


917 


HB 


981 


HB 


982 


HB 


1134 


HB 


1203 


HB 


1237 


HB 


1272 


HB 


1288 


HB 


1294 



SB 


12 


SB 


13 


SB 


14 


SB 


15 


SB 


21 


SB 


23 


SB 


24 


SB 


25 



1986] SENATE JOURNAL 325 

CHILDREN AND YOUTH COMMITTEE (continued) 

SB 264 Day-Care Discipline 

SB 328 Child Protection Act 

SB 340 Transfers Of Child Support Orders 

COMMERCE COMMITTEE 

SB 101 Amend Deposit Guaranty Associations (Id — H 216) 

SB 368 Motor Carrier Safety Regulation Unit (Id— H 684) 

SB 371 African Development Bank Investments (Id— H 700) 

SB 437 Utilities Commission Qualifications 

SB 571 Credit Plan Rules Clarified 

SB 623 Urban Centers Industrial Revenue Bonds 

HB 858 Attorney General Inspection Rights 

EDUCATION COMMITTEE 

SB 45 Education Law Review 

SB 306 Burke County School Contracts (Id— H 505) 

SB 312 Lexington Career Status 

SB 411 Local School Pay Plans 

SB 518 Preference For Neighborhood Schools (Id— H 1198) 

SB 630 Basic Education Program/School Facilities 

SB 706 Parent & Pupil Rights Act (Id— H 117) 

SB 728 Reduce Class Size 

SB 756 Reduce School Supervisory Personnel 

ELECTION LAWS COMMITTEE 

SB 382 1990 Census Preparation (Id— H 702/see S 182) 

SB 522 1990 Senate Redistricting 

SB 628 Reduce Ballot Printing 

SB 700 Counting Of Challenged Vote (Id— H 1071) 

HB 492 Unregistered PAC's 

HB 1295 FilKng Vacancies 

FINANCE COMMITTEE 

SB 3 Intangible Exempt/Loc Gov Reimburse (Id — H 4 — H-ppi) 

SB 10 Intangible/Inventory Tax Repeal 

SB 19 Sales Tax Incr/School Constr Reserve 

SB 35 Raise Federal Retirement Exclusion (Id— H 902) 

SB 65 Life Care— Certificate Of Need 

SB 74 Tobacco Assessment Tax Credit 

SB 78 Management And Estate Costs Down 

SB 93 Poultry Feed Truck Gas Tax Refund 

SB 103 Inheritance Tax Exemption 

SB 107 Inheritance Tax Repeal (Id— H 222) 

SB 145 Repeal Gift Tax 

SB 148 The Tax ReUef Act Of 1985 (Id— H 520) 

SB 181 Inheritance Tax/Farm Exemption 

SB 183 Inventory Tax/Farm Machinery Exemption 

SB 184 Gift Tax/Spousal Exemption 

SB 217 Military Retirement/Income Tax Exclusion 

SB 218 Expand Mfg. Inventory Tax Credit 

SB 219 General Income Tax Credit 

SB 305 Burke One-Half Per-Cent Sales Tax (Id— H 635) 



(Id— H 883) 


c.f. 

air' 


' "^ ^ / / 


.m3 



326 SENATE JOURNAL [Second Session 

FINANCE COMMITTEE (continued) 

Holocaust CouncU (Id— H 539/see S 182) 

Farm Machinery Tax Exemptions 

Retail/Wholesale Tax Credit '■ • iV^ 

Retail/Wholesale Inventory Tax , / s- •, i 

Sales Tax For SchoolTacilities (Id— H 764) " ^ ' ''i^J 

447 Shoppers' Guides/Tax Exemption ^ ^.':' 

Food Credit/Corporate Tax Bracket * " 

Interest On Local Sales Taxes ,-] ^ 

Farm Products/Sales Tax Exemption 
Tax Exemption/Age 70 
Process Fees Increased 
Parks Bond Referendum 
Merchant's Discount Reduced 

Merchants Remit Sales Tax Faster '^IP 

Expand Fraternal Tax Exemption 

Tax On ABC Advertisements Be 

UtiHty Purchases Tax Refund (Id— H 1323) u ; 

No Tax On Highway Patrol Benefits ./■- 

No Tax On Advertising Services , " ' ,'--' 

No Sales Tax On Money, Gold ' . , H;- 

Transfer Of Sales And Use Tax , • :j.^ 

Local Occupancy Taxes .-V-, 

Albemarle Building/Parking Lot (Id— H 2092) 

University Nonfimded Capital Improvement (Id — H 2101) '- ' '^ 

Refunding Bond Act (Id— H 2080) ' ;-f 

Update IRC Reference - ' 

Utility Service Sales Tax Amend ";;' 

Recovery Facility Tax Credit ' '}f' 

Sliding Federal Retirement Exclusion " '■; 

Bailment Surcharges ' ' '^ 

Allow Combined Corporate Return - . ^. ,^f;-i 

Income Tax Penalty Threshold Increased , , ^ > 

HIGHER EDUCATION COMMITTEE - 

SB 503 Subsidy Out-Of-State Tuition ; 

SB 682 College Cheerleader Safety •;';;■ 

KB 1185 University Board Limitations ' ' -' 

HUMAN RESOURCES COMMITTEE 

Cosmetic Arts Amendments 

Hazardous Substance/Right-To-Know - * '^''^: 

Right-To-Know Act ' . ':,''. 

Emergency Response/Right-To-Know - ; y 

Pharmacist On Health Education Center Board '.'; 

Voluntary Family Planning .i 

Medicaid/Incentive For Generics - v 

Water Authorities-Procedures ;. "' - l' < 

Skilled Nursing Bed Increase ■; 

Right-To-Know > :!'•! 

C.O.N. Thresholds Raised 

Medical Cost Containment Funds - ■ -^ i. 



SB 


360 


SB 


397 


SB 


409 


SB 


412 


SB 


431 


SB 


447 


SB 


481 


SB 


517 


SB 


537 


SB 


553 


SB 


581 


SB 


622 


SB 


649 


SB 


650 


SB 


664 


SB 


730 


SB 


753 


SB 


784 


SB 


902 


SB 


907 


SB 


1270 


SB 


1271 


SB 


1281 


SB 


1282 


SB 


1285 


HB 


51 


HB 


57 


HB 


108 


HB 


188 


HB 


479 


HB 


1087 


HB 


1466 



SB 


248 


SB 


335 


SB 


350 


SB 


421 


SB 


530 


SB 


543 


SB 


583 


SB 


629 


SB 


660 


SB 


699 


SB 


749 


SB 


792 



1986] SENATE JOURNAL 327 

HUMAN RESOURCES COMMITTEE (continued) 

HB 510 Marriage License Change 

HB 703 Funeral Trust Funds Amendments 

HB 718 Mobile Home Park Septic Tank Systems 

HB 795 Orphan Dump Clean-Up 

HB 1056 Human Disposal Of Abortion Remains 

HB 1089 Hospital Law Change 

HB 1125 Residential Zoning Change 

HB 1588 Anatomical Gift Request 

INSURANCE COMMITTEE 

SB 133 Auto Insurance Discounts 

SB 470 Speciality Nurse Paid By Insurer 

SB 568 Accident And Travel Accident Insurance 

SB 632 Anti-Theft And Fraud Act 

SB 661 Unearned Insurance Premium Rules 

SB 686 Safe Driver Insurance Plan 

SB 719 Reinsurance Facility Recoupment 

SB 723 Auto Insurers/DMV Records 

SB 755 Auto Insurance Claims Reporting 

SB 868 Liability Insurance Study Bill 

SB 874 Safe Driver Insurance Plan (Id— H 1511) 

HB 368 Safe Driver Insurance Plan 

HB 688 N.C. Rate Bureau Abolished 

HB 905 Auto Insurance Property Damage 

Liability Increased 
HB 928 Motor Club Benefits Conformed 

HB 1081 Credit Insurance Attorney Fees 

JUDICIARY I COMMITTEE 

SB 69 Small Claims Costs Down 

SB 71 Amend Delinquent/Undisciplined 

SB 269 Civil Motions Heard Outside City 

SB 326 Amend Open Meetings Law (Id— H 725) 

SB 383 Feticide/Fair Sentencing (Id— H 541) ,. 

SB 384 Feticide/Capital Crime Sentencing (Id— H 542) 

SB 392 Government-In-The-Sunshine Law 

SB 398 Record Expunged If Under 21 

SB 480 Criminal Law Appeal By The State 

SB 551 Abolish Superior Court Judge Rotation (Id— H 1015) 

SB 654 Cartway Revision 

SB 712 Repeal Old Law If New One Enacted 

SB 729 Capital Aggravating Factors 

SB 751 Investigate Certain Crimes 

SB 757 DWI/Aiding And Abetting 

HB 130 Custody And Support Venue 

HB 238 Reconciliation Encouraged 

HB 245 Hazardous Waste Strict Liability 

HB 541 Feticide/Fair Sentencing 

HB 542 Feticide/Capital Crime Sentencing (Id— S 384) 

HB 574 District Court Sit In Havelock 

HB 687 Firemen's License Plates 



328 SENATE JOURNAL [Second Session 

JUDICIARY I COMMITTEE (continued) i 

HB 708 DWI Aggravating Factor ;i 

HB 889 Amend G. S. 14-322 

HB 987 Definite Terms For Certain Juveniles • 

HB 998 Short-Term Juvenile Commitments 

HB 1032 Landowner's Liability -^ 

HB 1160 No Contempt If Order Stayed 

HB 1194 Larceny Of Blank Prescription ' 

HB 2100 Water/Sewer District Condemnation 

JUDICIARY II COMMITTEE 

SB 3 Removal Petitions (Extra Session) 

SB 63 Alternate Dispute Resolution 

SB 552 Constitution Limit On State Employees 

SB 597 Simple Interest Retail Sales 

SB 610 Counsel- Indigent/Death Sentence 

SB 653 Tenant's Abandoned Property (Id— H 1150) 

SB 913 Local Charter Amendments (Id— H 1460) 

SB 914 Definition Of City (Id— H 1459) 

HB 980 MD's Report Physically Impaired Drivers 

HB 985 Safe Drinking Water 

HB 1206 Foreclosure/No Double Fee 

JUDICIARY III COMMITTEE 

SB 142 Cable To Service Regulation 

SB 345 Winston-Salem Contracts 

SB 432 Traffic Control Officers/Red Light 

SB 446 Probation In Bad Check Cases 

SB 603 Summary Ejectment Procedure 

SB 689 Hull Anti-Splashing Act 

SB 713 Grand Jury Eligibility Notice 

SB 737 Client Security Fund Limited 

SB 895 Stun Gun Banned ' 

HB 823 Public Hospital— No Appeal Bond 

HB 873 Worthless Check Procedure 

HB 880 Dram Shop Act Amendments 

HB 1003 Local Officers/Inspections ABC Premises 

HB 1155 Assaults/Threats^Judges/D.A.'s 

HB 1270 Pretrial Release Fee 

HB 1305 Worthless Check Penalties 

HB 1315 Assault On Health Official 

HB 1389 Concealed Stun Gun Prohibited 

JUDICIARY IV COMMITTEE 

SB 40 Governor/Lt. Governor Six- Year Term 

SB 79 Repeal Gubernatorial Succession ; 

SB 137 Retaliation For Waste Report 

SB 258 Crime Victim Compensation 

SB 359 Boat Equipment/Accident Reports 

SB 452 State Song Amended 

SB 538 Worker's Compensation — Apportionment 

SB 625 Arson Reporting Immunity Act i 



1986] SENATE JOURNAL 329 

JUDICIARY IV COMMITTEE (continued) 

SB 643 TV Court Appearances By Defendants 

SB 662 Electronic Surveillance In Drug Cases 

SB 676 Merit Selection Judges/Constitutional 

Amendment 

SB 677 Judicial Nominating Commission 

SB 680 Public Officials/C.O.N. Violations 

SB 733 Recording Of Trial Proceedings 

SB 734 All Media Articles Signed 

SB 741 Comparative Fault 

SB 747 Vehicle Owner Presumed Litterer 

SB 864 Sigmon Settlement Funds 

SB 875 Attorney General On Courts Commission 

SB 985 Controlled Substance Tax 
HB 78 Wage Withholding For State Debts 

HB 413 Paternity/Burden Of Proof 

HB 540 CAMA To Consider Adjacent Water Use 

HB 579 Oceanfront Property/Strict Liability 

HB 753 Sunday Closing Ordinances 

HB 975 Law Enforcement Service Districts 

LOCAL GOVERNMENT AND REGIONAL AFFAIRS COMMITTEE 

SB 48 Roanoke Rapids District Pay 

SB 239 White Plains Incorporated 

SB 332 Rowan Co/Sheriffs Office Vacancy 

SB 354 New Hanover/County Of Azaleas 

SB 356 Greensboro Public Contract Rules 

SB 362 Alamance Employee Limit 

SB 363 Caswell Employee Limit 

SB 462 Property Taxes/Community Development 

SB 463 Urban Redevelopment Areas 

SB 943 Pitt Economic Development 

HB 159 Beaufort County/Pamlico River 

HB 438 Patetown Charter Revised 

HB 1061 No Jockeys Ridge Easements 

HB 1408 Duplin/Jones Economic Development 

HB 1572 Danieltown Volunteer Fire Department 

MANUFACTURING AND LABOR COMMITTEE 

SB 589 Unfired Pressure Vessel Rules 
SB 754 Employee May Choose Doctor 
HB 1255 No Forced Retirement Under 70 

NATURAL AND ECONOMIC RESOURCES AND WILDLIFE COMMITTEE 

Road Hunting/Burke County 

Shellfish Cultivation Notice Time 

Control Beaver PopulationAVayne County (Id — H 647) 

Rowan/Davidson Motorboat Noise 

Clean Detergent Act 

Moore County Fox Hunting 

PENSIONS AND RETIREMENT COMMITTEE 

SB 104 Public Health Retirement Credit 



SB 


75 


SB 


294 


SB 


365 


SB 


884 


HB 


195 


HB 


544 



330 SENATE JOURNAL [Second Session 

PENSIONS AND RETIREMENT COMMITTEE (continued) , , . , , , 

SB 194 Disability Retirement Survivor Beneficiary (Id — H 351) ' ' 

SB 533 Unreduced Retirement Benefits , ri\' 

SB 725 Omitted Membership Service Purchase (Id— H 1266) . v 

RULES AND OPERATION OF THE SENATE COMMITTEE 

Senate President Confidentiality 
No Soliciting From State Employees 
One Department Grievance Review 
Memorialize Charles H. Livengood, Jr. (Id — H 444) 

Boards And Commissions Changes 

Golden Anniversary of Blue Ridge Parkway (Id — H 640) '^ 

Abolishment Certain Executive Boards 

Exempt Personnel '''' 

Legislative Session Length Limit (Id — H 692) 

No Compensatory Time For Some Managers 
Memorializing Eugenia P. VanLandingham (Id — H 1035) 
State-Owned Property Study , 

915 Joint Legislative Comm On Municipal 

Incorporations 
Municipal Incorporations (Id — H 1458) 

Clarify Lobby Law 

Limit Condemnation/Exp, Of Camp Le Jeune 
Forest Fire Heros 

Memorialize John P. East (Id— H 2118) 

Franklin Co. /Fire & Rescue Squad 
Memorialize Congress/Approve Interstate , ^. 

Cost Estimate 
Honoring Founders Of Country Music ' > . :. 

Transfer Driver Education Program 
Repeal Limits/Marine Fisheries Inspectors 
Enable/Disposition Of Property 
Amend Hazardous Waste Law 
EnableAVarren Co. Fair Housing Ordinances 
Lithotripters Out of C.O.N. 
Enable/Hist. Achievements Wright Brothers 
Memorialize John P. East (Id— S 1297) 

Wright Brothers/Historic Achievements (Id — S 1296) 

SENIOR CITIZENS COMMITTEE— None 

STATE GOVERNMENT COMMITTEE 

77 Personnel Eligible After 2 Years 

Water Well And Pump Contractors (Id— H 223) 

Prohibited Political Activity (Id— H 798) 
Cable TV Revenue Bonds , ^ 

Office Of State Controller v (Id— H 2136) 

Barber License Reciprocity 

TRANSPORTATION COMMITTEE ,, 

SB 9 Child Restraint Systems ' ^ 

SB 30 Inspect Seat Belts ..; ;^ < V (Id— H 35) <.^^ v \i^^ 

SB 31 Inspect Windshields ^-- -., (Id— H 48) ,,n^. H^' 



SB 


7 


SB 


76 


SB 


102 


SJR 


246 


SB 


250 


SJR 


321 


SB 


327 


SJR 


329 


SB 


372 


SB 


513 


SJR 


640 


SB 


769 


SR 


915 


SB 


920 


SB 


937 


SR 


954 


SR 


995 


SJR 


1293 


SB 


1304 


HJR 


92 


HJR 1196 


HJR 


1411 


HJR 


1727 


HJR 


1832 


HJR 2093 


HJR 2097 


HB 


2106 


HJR 2112 


HJR 2122 


HJR 2123 



SB 


77 


SB 


88 


SB 


324 


SB 


708 


SB 


1308 


HB 


1062 



1986] 



SENATE JOURNAL 



331 



TRANSPORTATION COMMITTEE (continued) 
Lift Sunset On Child Restraints 
SSN On Driver's License 
Left Turn On Red Permitted 
Drug Store Logos On Highways 
Coastal Highway Abandonment 
Board Of Transportation/District 

Representation 
Great Seal On Legislators' Plates 



SB 


54 


SB 


89 


SB 


95 


HB 


825 


HB 


1121 


HB 


1139 



HB 1195 



SB 


208 


SB 


376 


SB 


731 


SB 


799 


SB 


1307 


HB 


8 


HB 


18 


HB 


74 


HB 


206 


HB 


842 


HB 


936 


HB 


1100 


HB 


1174 


HB 


1312 



WAYS AND MEANS COMMITTEE 

208 Deferred Compensation Benefits 
Vending Machine/Sales Price 
Property Tax Deferral For Elderly 
Tax Deduction For Reduced Basis 
Building Code Consolidation 
Income In Respect Of Decedent 
5- Year Charitable Carry-Forward 
Local Gov't Issue Bingo License 
Estate Costs Reduced 
Railroad Property Tax Value 
Interest On Estate Tax 
Radiation Technology Practice Act 
Down's Syndrome Tax Exemption 
Disabled Veterans Tax Exclusion Raised 

CONFERENCE COMMITTEES 

SB 154 Inventory Tax/Constitutional Amendment 
SB 266 Medical Care Commission Changes 
SB 455 Worthless Checks Made A Felony 
HB 1511 Insurance Regulation 

PETITIONS FILED 

7/3/86 Tax Funded Abortions 



RESOLUTIONS 

Permanent Rules Of The Senate 
Honoring Ralph H. Scott, Sr, 
Provide Extension Of Certain Deadlines 
Amend Permanent Rules Of The Senate 
Joint Legislative Comm On Municipal Inc. 
Limit Condemnation To Expand 

Camp LeJeune 
Honor Heroic Efforts Of Fire Fighters 



SENATE 


SR 


8 


SR 


97 


SR 


669 


SR 


861 


SR 


915 


SR 


954 



SR 995 



FAILED TO PASS 



SB 


62 


SB 


344 


SB 


439 


SB 


460 


SB 


532 


SB 


586 


SB 


746 



No Life Sentence Good Time Credit 

Colfax Incorporated 

Shophfting Detection Devices 

Retirement Life Care Center Changes 

State Lottery Act (Id— H 232) 

Limit Antitrust and Consumer Damages 

Child Restraint Violation-Infraction 



(Id— H 1026) 



Conf rpt Reconsidered 
(Id— S 874) 



(Ref — Human Resources) 

(ADOPTED) 
(ADOPTED) 
(ADOPTED) ■ 
(ADOPTED) 
(see Rules Com) 

(see Rules Com) 
(see Rules Com) 



(Failed 
(Failed 
(Failed 
(Failed 
(Failed 
(Failed 
(Failed 



3rd rdg) 
2nd rdg) 
2nd rdg) 
2nd rdg) 
3rd rdg) 
2nd rdg) 
2nd rdg) 



332 SENATE JOURNAL [Second Session 

FAILED TO PASS (continued) 

HB 863 Valid Service On Spouse .■ (Failed 2nd rdg) 

HB 1524 Asst. DA/Double Office (Failed 2nd rdg) > 

HELD AS FILED / 

SB 323 Nonpartisan Selection Of Judges ,. J 

SB 325 Judicial Nominating Commission ' . ,' 

SB 364 Inlet Dunes Incorporated 

SJR 373 LRC Study/Community Colleges 

SB 674 Personnel Classification Study 

SB 760 Employment And Training Oversight ; .v : , ,. 

SB 762 Employment And Training Act Of 1985 ' 

SJR 826 Invite The Honorable Ronald W. Reagan 

SJR 835 Concern Hostages TWA Flight 847 

POSTPONED INDEFINITELY 

SB 17 Greenville And Pitt Schools (Id— H 29— Ch. 2) 

SB 520 Service Districts (Id— H 926— Ch. 435) 

SJR 722 Honoring Herbert W. Sampsel (Id— H 1257— Res. 21) ^ 

SB 845 School Board May OK Moment Of Silence (Id— H 1410— Ch. 637) 

TABLED 

SB 506 Spousal Testimony (Tabled) 

SB 600 Bank Have Affidavit As Representative (Tabled/"clincher") 

HB 1176 Comparative Fault (Tabled) 

UNFAVORABLY REPORTED FROM COMMITTEES 

Superior Court Judge Elections 

Veto Power (Motion to Remove Tabled) 

Foreclosure Attorney's Fees 

Drivers Licenses Renewal By Mail 

Industrial Commission Deputy Commissioners 

Employer Discipline of Juror , ; . • 

Parking Violations 

16-17 Year Drivers Restricted 

Autopsy Observation 

Election Expenses - 

16ft Sailboats/No Numbers 

Interest/Personal Injury Judgments 

Court Give Reason For Bail Bond * . 

Warrenton Fence Limitation 

No Smoking At School 

UNFAVORABLY REPORTED FOR COMMITTEE SUBSTITUTE AMENDENT 

Current Operations 

Capital Improvements 

Permanent Rules Of The Senate 

Division Of Child Day-Care 

Missing Children Center 

Day-Care Standards 

Change Tread Depth Test 

Alimony Judgment 

Seat Belt Use Mandatory ^ ; 



SB 


44 


SB 


53 


SB 


87 


SB 


119 


SB 


171 


SB 


267 


SB 


301 


SB 


504 


SB 


526 


SB 


544 


SB 


692 


SB 


705 


HB 


356 


HB 


615 


HB 


1309 


UNF 

SB 


AVO 

1 


SB 


2 


SR 


8 


SB 


11 


SB 


18 


SB 


20 


SB 


29 


SB 


32 


SB 


39 



1986] SENATE JOURNAL 333 

UNFAVORABLY REPORTED FOR COMMITTEE SUBSTITUTE AMENDMENT 

(continued) 

Seat Belt Use Mandatory (for substitute #2) 

Make Superintendent Appointive 

Public School Funding 

Increase Time For Community Service 

Mental Health Rewrite 

State Bar Councilor Elections 

No Life Sentence/Good Time Credit 

Basic Education Program 

Co-Counsel In Capital Cases 

Motor Fuel Marketing Act 

Tobacco Assessment Tax Credit 

Mental Retardation/Continuity Of Care 

Left Turn On Red Permitted 

Protect- A-Child 

Disabled Vets Handicap. Spaces 

Natural Areas Dedication 

Inventory Tax/Const. Amendment 

Equity Lines Of Credit 

Child Abuse Testimony 

Safe Placement of Subsurface Installations 

Industrial Commission Salaries 

Omnibus Statewide Appropriations 

Mental Health Gas Tax Refund 

Public Health Technical Changes 

Collection Of Spousal Support 

Drinking Water Rules 

Raleigh Subdivision Approval 

Disabled Access Promotion Funds 

Board Of Health Compensation 

Good Samaritans In Public Schools 

Raleigh Tree Ordinance Power 

Endangered Child Law Changes 

Iredell Civic Center 

Asheboro Supp Firemen's Benefits 

Admissions Request/Filing Clarification 

Handicapped Protection Act 

Use Value Technical Changes 

Medical Database Commission 

Group Insurance Premium Nonpayment 

Reinsurance Regulation 

Insurance Asset Protection Act ' _. 

Ancient Mineral Claims Updated 

Present-Use Value Taxation Revised 

Dornoch Village Incorporated 

Nash/Edgecombe Schools 

Income Withholding Procedures 

Blue Ridge/ABC Permits 

Health Ins Pool of N.C. 

National Guard License Plates 



SB 


39 


SB 


46 


SB 


49 


SB 


52 


SB 


58 


SB 


59 


SB 


62 


SB 


68 


SB 


72 


SB 


73 


SB 


74 


SB 


80 


SB 


95 


SB 


96 


SB 


99 


SB 


147 


SB 


154 


SB 


156 


SB 


165 


SB 


168 


SB 


170 


SB 


182 


SB 


201 


SB 


202 


SB 


206 


SB 


207 


SB 


213 


SB 


216 


SB 


230 


SB 


237 


SB 


238 


SB 


243 


SB 


259 


SB 


262 


SB 


270 


SB 


272 


SB 


279 


SB 


286 


SB 


287 


SB 


288 


SB 


289 


SB 


296 


SB 


298 


SB 


299 


SB 


302 


SB 


303 


SB 


309 


SB 


311 


SB 


322 



334 SENATE JOURNAL [Second Session 

UNFAVORABLY REPORTED FOR COMMITTEE SUBSTITUTE AMENDMENT 

(continued) 
SB 344 Colfax Incorporated 

Colfax Incorporated (for substitute #2) 

DHR Costs/Payments ' ' . ? 

Wilmington — City Of Azaleas 

DMV Collect Motor Vehicle Taxes 

Grand Jury Jurisdiction 

Amend Architect Licensure Act ' ■ 

Raise Tax Penalties 

Indigent Care Study > ' ' 

Familiar Names On Ballot - ' -. 

Adultery/Divorce From Bed And Board 

Shoplifting/Tag Switching Penalty 

Treble Damages For Bad Checks J -. 

Memory Of Dr. Ellen Black Winston 

Victim Compensation Fund/Changes 

New Execution Hearing Prohibited 

Medical Care Req/ Alcohol Offense . u . 

Greensboro-High Point Airport 

Authority Enlarged , "< - 

Retirement Center Tax Exemption . ' 

Zoning Notification Required 
School Closings For Inclement Weather 
Deeds/Error Correction ' ' 

Omnibus Statewide Appropriations/ Additional > 

LRC/Alternative Punishment-Restitution > 

Study 
Spousal Testimony 

Spousal Testimony ■' , (for substitute #2) 

Uniform Election Dates 

State Lottery Act . ' ^ 

Overcrowding Of Building 
Midyear Annex Of Fire District 

Municipal Or Joint Agency Bonds ■ . . ir' 

Filling Contact Lens Prescriptions 
Witness And Victim Assistance ' 

Claims Against Estates Mailed , -' 

Maternity Parole , - ■ ■ < ', 

Procedure For Infractions 

Missing Child Photos ■ i- 

Transfer/Certificate Of Need Permitted * ■ ^ ^^^ , T. 

President Pro Tempore Appointments > \ ; " ^ \ 

Drug Trafficking/Grand Jury \ u ' 

Military Property Sales Facilities 

LRCA^arious Studies Authorized < > ' - 

Alien Reciprocity Repealed 

Senate President's Appointments ,.•.,, . ^ ■ j^ 

Sales Tax On Flea Market Vendor • " > ' ' < ' ^4 ^^ ^' H^r 

Cheerleader Safety Rules ... j > 

Housing Trust Fund : ' ' ' 



SB 


344 


SB 


347 


SB 


353 


SB 


367 


SB 


393 


SB 


405 


SB 


413 


SB 


417 


SB 


429 


SB 


433 


SB 


438 


SB 


442 


SB 


444 


SB 


449 


SB 


450 


SB 


456 


SB 


459 


SB 


460 


SB 


469 


SB 


484 


SB 


485 


SB 


489 


SB 


495 


SB 


506 


SB 


506 


SB 


523 


SB 


532 


SB 


578 


SB 


587 


SB 


593 


SB 


594 


SB 


595 


SB 


598 


SB 


605 


SB 


608 


SB 


614 


SB 


620 


SB 


626 


SB 


634 


SB 


635 


SB 


636 


SB 


642 


SB 


647 


SB 


663 


SB 


681 


SB 


683 



1986] SENATE JOURNAL 335 

UNFAVORABLY REPORTED FOR COMMITTEE SUBSTITUTE AMENDMENT 

(continued) 
SB 684 Commuting Fee Exemptions/State 

Employees 
Alarm System Licensing Board 
Competency Evaluation Report 
Self-Reliance Pilot Project 
Dumping Litter On Private Property 
Kill Devil Hills Sewer Tie-Ons 
Equitable Distribution/Marital Property 
Boards & Commissions Abolished >. 

Insurance Omnibus Amendment 
Child Restraint Violation Infraction 
Uniform Boiler/Pressure Vessel Act 
DWI Aiding And Abetting 
Dept. Of Administration Funds 
Equalize Property Tax Burden 
Medical Malpractice Insurance Study Bill 
Child Vaccine Injury Comp. Program 
The Future Roads Act 

The Future Roads Act (for substitute #2) 

Liability Insurance Study Bill 
Technical Amendments/Insurance Law 
Insurance Taxes And Fees ■ 

N.C. Self-Insurance Facility 
Stun Guns Banned 
Whiteville Firemen 

Statesville Occupancy Tax . ^ ^ 

Child Support Guidelines :: 

Child Support Cases Expedited 
APA Technical Changes 
Amend Administrative Procedures Law 
New Occupational License Review 

Clarification 
Health Maintenance Organization Act 
Probation Extension 
Gasohol Tax Exemption Repeal 
School Bus Law/Sunset Repeal 
Mitchell Redistricting 

Repeal Inheritance Tax ; * . 

Hospital Bidding Procedures 
Technical Changes/Corrections Law 

Uniform Limited Partnership Act Revised \- ' 

Financial Privacy Act 

Seaports And Airports/Const. Amendment :;vr ' 

Independent Studies/Railroad Commission, . 

etal -; i 

Right-To-Know/Hazardous Substances ,^ : ; : 

Secured Bail Bond/Reason Stated ' ,. 

Condominium Act Established 
Parent/Pac Support 



SB 


691 


SB 


696 


SB 


698 


SB 


714 


SB 


716 


SB 


720 


SB 


726 


SB 


738 


SB 


746 


SB 


750 


SB 


757 


SB 


761 


SB 


764 


SB 


858 


SB 


859 


SB 


866 


SB 


866 


SB 


868 


SB 


873 


SB 


879 


SB 


881 


SB 


895 


SB 


897 


SB 


918 


SB 


924 


SB 


939 


SB 


1295 


HB 


52 


HB 


72 


HB 


84 


HB 


86 


HB 


119 


HB 


142 


HB 


173 


HB 


222 


HB 


251 


HB 


253 


HB 


266 


HB 


286 


HB 


306 


HB 


344 


HB 


348 


HB 


356 


HB 


377 


HB 


491 



336 SENATE JOURNAL [Second Session 

UNFAVORABLY REPORTED FOR COMMITTEE SUBSTITUTE AMENDMENT 

(continued) 
HE 530 Board of Ed/Advisory Council , 

Insurance Surplus Lines Act 
Elevator/ Amusement Device Division 
Occupancy TaxesAVake, Raleigh 
Prohib Insurance Blind/Deaf Discrimination 
Warrenton Fence Limitation 

State Personnel Act Amended -v 

Antique Car Registration Display , - ^ . . 

State/Local Retirement Amendments , ; ^ 

Adoption/Termination Of Parental Rights - 

Worthless Check Procedures , . 

Continued Confinement On Property 
Council Of State Vacancies/Const 

Amendment 
NC Racketeering Sanctions 
Election Laws/ Add'l Technical Amendments 
Harassment Of Jurors 
Railroad Property Tax Value 
Medical License Qualifications 

Alcohol Offenses Submittable/Determination ,/ ^( ^ 

Revise Affirmation Statute 
Nonprofit Corporation Act Amendments v _ 
Solid Waste Law Amendments 
Students On State Board of Education 

Const Amendment 
Land Surveyor Applicant Qualifications 
Memory Of William Attmore/Anniversary 

1787 General Assembly 
APA Appeal Venue 
Civil Fines/Into County School Fund 
Radiation Tech Practice Act 
State Apple Grade Standards 
Off Premises Sales/CooHng-Off Period 
Local Sewer And Water Permits 
Liens For Unpaid Milk 
Misdemeanants Register To Vote 
Preservation of Prime Farmland 
Uniform Bond Procedures 
Neglected Juvenile/Protective Service 
Retaliatory Dismissal/Worker's Compensation 
Felons' Profit From Stories 
Smoking At School Prohibited 
Modify Bimonthly Sales Tax Refund 

Insurance Regulation , 

Nags Head Fire Hazard 

WITHDRAWN FROM CONSIDERATION 

SB 872 Memorial Mission Hospital Funds (At Sponsor's Request) 

SJR 1023 Enable/Capital Improvement Projects (Enable/not required) ' 

UNC/CH 



HB 


536 


HB 


578 


HB 


606 


HB 


611 


HB 


615 


HB 


680 


HB 


704 


HB 


712 


HB 


760 


HB 


789 


HB 


806 


HB 


810 


HB 


829 


HB 


837 


HB 


841 


HB 


842 


HB 


855 


HB 


894 


HB 


900 


HB 


939 


HB 


945 


HB 


1004 


HB 


1007 


HB 


1034 


HB 


1049 


HB 


1079 


HB 


1100 


HB 


1115 


HB 


1135 


HB 


1137 


HB 


1151 


HB 


1179 


HB 


1190 


HB 


1201 


HB 


1203 


HB 


1238 


HB 


1294 


HB 


1309 


HB 


1445 


HB 


1511 


HB 


1690 



338 SENATE JOURNAL [Second Session 

NORTH CAROLINA GENERAL ASSEMBLY 
SENATORIAL DISTRICTS 

(G. S. 120-1) 

DISTRICTS COUNTIES 

(Seats) Townships, Precincts, Towns, Census Tracts, Enumeration Districts 

1st (1) BEAUFORT (Township of Pantego), BERTIE (Townships of Merry 

Hill, Whites, Windsor — Town of Askewville; Enumeration Districts 
196, 197), CAMDEN, CHOWAN, CURRITUCK, DARE, GATES 
(Townships of Holly Grove, Hunters Hill, Mintonsville), HYDE, PAS- 
QUOTANK, PERQUIMANS, TYRRELL, WASHINGTON. 

2nd (1) BERTIE (Townships of Colerain, Indian Woods, Mitchells, Roxobel, 

Snake Bite, Woodville, Windsor — Town of Windsor; Enumeration Dis- 
tricts 198A, 199), EDGECOMBE (Townships of 3— Upper Conetoe, 
4— Deep Creek), GATES (Townships of Gatesville, Hall, Haslett, 
Reynoldson), HALIFAX (Townships of Conocarnara, Enfield, Halifax, 
Littleton, Palmyra, Roseneath, Scotland Neck, Weldon), HERTFORD, 
MARTIN (Townships of Goose Nest, Hamilton), NORTHAMPTON, 
VANCE (Townships of Middleburg-Nutbush, Townsville, Williams- 
boro), WARREN (Townships of Fork, Hawtree, Nutbush, River, 
Roanoke, Sandy Creek, Shocco, Sixpound, Smith Creek, Warrenton) 

3rd (1) CARTERET, CRAVEN, PAMLICO. 

4th (1) ONSLOW. 

5th (1) DUPLIN, JONES, LENOIR, PENDER (Townships of Columbia, 

Union). 

6th (1) EDGECOMBE (Townships of 1— Tarboro, 2— Lower Conetoe, &— 

Lower Fishing Creek, 8 — Sparta, 9 — Otter Creek, 10 — Lower Town 
Creek, 11— Walnut Creek, 12— Rocky Mount, 13— Cokey, 14— Upper 
Town Creek), MARTIN (Township of Robersonville), PITT (Townships 
of Arthur, Belvoir, Bethel, Falkland, Farmville, Fountain), WILSON 
(Townships of Gardner, Wilson, Toisnot). 

7th (1) NEW HANOVER, PENDER (Townships of Burgaw, Canetuck, Cas- 

well, Grady, Holly, Long Creek, Rocky Point, Topsail). 

8th (1) GREENE, WAYNE. 

9th (1) BEAUFORT (Townships of Bath, Chocowinity, Long Acre, Richland, 

Washington), MARTIN (Townships of Beargrass, Cross Roads, Grif- 
fins, Jamesville, Poplar Point, Williams, Williamston), PITT 
(Townships of Ayden, Carolina, Chicod, Greenville, Grifton, Grimes- 
land, Pactolus, Swift Creek, Winterville). 

10th (1) EDGECOMBE (Townships of 6— Upper Fishing Creek, 7— Swift 

Creek), HALIFAX (Townships of Brinkleyville, Butterwood, Faucett, 
Roanoke Rapids), NASH, WARREN (Townships of Fishing Creek, 
Judkins), WILSON (Townships of Black Creek, Cross Roads, Old 
Fields, Saratoga, Springhill, Stantonsburg, Taylor). 



1986] SENATE JOURNAL 339 

11th (1) FRANKLIN, VANCE, WAKE (Townships of Bartons Creek, Little 

River, Marks Creek, New Light, Wake Forest, St. Matthews Precincts 
1, 2, 3, 4). 

12th (2) CUMBERLAND (Townships of Black River, Carvers Creek, Cedar 

Creek, Cross Creek, Eastover, Gray's Creek, Manchester, Pearces Mill, 
Rockfish, Seventy-First). 

13th (2) DURHAM, GRANVILLE, PERSON, ORANGE (Townships of Cedar 

Grove, Eno, Little River). 

14th (3) HARNETT, LEE, WAKE (Townships of Buckhorn, Gary, Cedar Fork, 

Holly Springs, House Creek, Leesville, Meredith, Middle Creek, Neuse 

■. ^ ■ ■ . River, Panther Branch, Raleigh, St. Mary's, St. Matthew's [not in- 

cluded in District 11], Swift Creek, White Oak). 

(1) JOHNSTON, SAMPSON. 

CHATHAM, MOORE, RANDOLPH, ORANGE (Townships of Bing- 
ham, Chapel Hill, Cheeks, Hillsborough). 

ANSON, MONTGOMERY, RICHMOND, SCOTLAND, STANLY, 
UNION. 

BLADEN, BRUNSWICK, COLUMBUS, CUMBERLAND (Town- 
ship of Beaver Dam). 

FORSYTH (Townships of Belews Creek, Kernersville), GUILFORD 
(Tovmships of Bruce, Center Grove, Clay, Fentress, Greene, Madison, 
Monroe, Oak Ridge, Rock Creek, Washington — Precincts of Friend- 
ship I, Greensboro 10, 20, 21, 27, 28, 32, 34, 35). 

20th (2) FORSYTH (Townships of Abbotts Creek, Bethania, Broadbay, Clem- 

monsville, Lewisville, Middle Fork, Old Richmond, Old Town, Salem 
Chapel, South Fork, Vienna, Winston). 

ALAMANCE, CASWELL. 

CABARRUS, MECKLENBURG (Precincts of Charlotte 62, 64, Clear 
Creek, Matthews, Mint Hill 1, 2, Morning Star, Providence). 

DAVIDSON, DAVIE, ROWAN. 

ALLEGHANY, ASHE, ROCKINGHAM, STOKES, SURRY, 
WATAUGA. 

CLEVELAND, GASTON, LINCOLN, RUTHERFORD. 

ALEXANDER, CATAWBA, IREDELL, YADKIN. 

AVERY, BURKE, CALDWELL, MITCHELL, WILKES. 

BUNCOMBE, McDowell, madison, yancey. 

CHEROKEE, CLAY, GRAHAM, HAYWOOD, HENDERSON, 
JACKSON, MACON, POLK, SWAIN, TRANSYLVANIA. 

30th (1) HOKE, ROBESON. 



15th 


(1) 


16th 


(2) 


17th 


(2) 


18th 


(1) 


19th 


(1) 



21st 


(1) 


22nd 


(1) 


23rd 


(2) 


24th 


(2) 


25th 


(3) 


26th 


(2) 


27th 


(2) 


28th 


(2) 


29th 


(2) 



340 SENATE JOURNAL [Second Session 

31st (1) GUILFORD (Townships of Jefferson, Sumner, High Point Census 

Tract 166 [Block 921], Precincts of Greensboro 3, 4, 5, 6, 7, 8, 9, 11, 19, 
25, 29, 30, High Point 3, 5, 6, 7, 11, 12, 19, Jamestown 1, 2, 3). 

32nd (1) GUILFORD (Township of Deep River, Precincts of Friendship II, 

Greensboro 1, 2, 12, 13, 14, 15, 16, 17, 18, 22, 23, 24, 26, 31, 33, 36, High 
Point 1, 2, 4, 8, 9, 10, 13, 14, 15, 16, 17, 18, 20, 21). 

33rd (1) MECKLENBURG (Precincts of Charlotte 2, 11, 12, 13, 14, 15, 16, 22, 

25, 27, 29, 31, 39, 41, 42, 44, 46, 52, 54, 55, 56, 60, 77, 78, 82, Long 
Creek 2). 

34th (1) MECKLENBURG (Precincts of Charlotte 3, 4, 5, 23, 24, 26, 28, 30, 33, 

40, 43, 45, 53, 61, 79, 80, 81, 83, 84, 89, Berryhill, Cornelius, Crab 
Orchard 1, 2, Davidson, Huntersville, Lemly, Long Creek 1, Mallard 
Creek 1, 2, Oakdell, Paw Creek 1, 2, Steel Creek 1, 2). 

35th (1) MECKLENBURG (Precincts of Charlotte 1, 6, 7, 8, 9, 10, 17, 18, 19, 20, 

21, 32, 34, 35, 36, 37, 38, 47, 48, 49, 50, 51, 57, 58, 59, 63, 65, 66, 67, 68, 69, 
70, 71, 72, 73, 74, 75, 76, 85, 86, 88, Pineville). 



1986] SENATE JOURNAL 341 

SENATE RESOLUTIONS 

SECOND SESSION 1986 

(Adopted June 11, 1986— see pages 19-20) 

S. R. 861, A SENATE RESOLUTION TO AMEND THE PERMANENT RULES OF 
THE SENATE. 

(Offered June 12, 1986— see page 22) 

S. R. 915, A SENATE RESOLUTION AMENDING THE PERMANENT RULES OF 
THE SENATE TO IMPLEMENT THE JOINT LEGISLATIVE COMMISSION 
ON MUNICIPAL INCORPORATIONS. 

Be it resolved by the Senate: 

Section 1. The permanent rules of the Senate are amended by adding a new Rule to 
read: 

"RULE 42.4. No bill proposing to incorporate a municipality, or amendment or com- 
mittee substitute proposing to incorporate a municipality, may be introduced in the 
Senate unless there is attached to the jacket of the bill, or attached to the amendment, the 
recommendations of the Joint Legislative Commission on Municipal Incorporations." 

Sec. 2. This resolution is effective with respect to bills, amendments, and committee 
substitutes introduced after convening of the 1987 Regular Session of the General Assem- 
bly. 

(Offered June 13, 1986— see page 28) 

S. R. 954, A SENATE RESOLUTION MEMORIALIZING CONGRESS TO LIMIT 
THE USE OF CONDEMNATION TO EXPAND CAMP LEJEUNE. 

Whereas, Camp Lejeune Marine Base in Onslow County, North Carolina, is intending 
to expand; and 

Whereas, according to the Onslow County Tax Administration the Department of 
Defense intends to acquire more than 51,000 acres containing 124 houses or commercial 
buildings owned by 280 individuals with a total value of fifteen million one hundred 
eighty-four thousand two hundred dollars ($15,184,200) which would deprive Onslow 
County of more than eighty-one thousand dollars ($81,000) in tax revenues each year; and 

Whereas, it has been reported that the Department of Defense and the Marine Corps 
intend to use the federal condemnation power as the mechanism for acquiring the addi- 
tional land for the Camp Lejeune Marine Base expansion; and 

Whereas, the use of the federal condemnation power to take the land on which citizens 
of this State have resided and farmed for many years would be manifestly unfair; 

Now, therefore, be it resolved by the Senate: 

Section 1. The North Carolina Senate urges Congress and the Department of Defense 
to limit the use of the federal power of condemnation to take the land for the expansion of 
the Camp Lejeune Marine Base, and not to condemn any occupied residential property. 



342 SENATE JOURNAL [Second Session 

Sec. 2 This resolution is effective upon adoption, 

(Offered June 16, 1986— see page 35) 

S. R. 995, A SENATE RESOLUTION HONORING THE HEROIC EFFORTS OF 
ALL OF THE INDIVIDUALS AND ORGANIZATIONS THAT FOUGHT THE 
FOREST FIRE IN ONSLOW AND PENDER COUNTIES DURING MAY 1986. 

Whereas, on May 5, 1986, the Division of Emergency Management, Department of 
Crime Control and Public Safety in coordination with the Division of Forest Resources, 
Department of Natural Resources and Community Development, activated the State 
Emergency Response Team to fight a forest fire in Onslow and Pender Counties which 
during the next 17 days consumed more than 75,000 acres; and ,. , . ,. . . , ^^ 

Whereas, State, local, federal, and private organizations committed thousands of 
man-hours to fighting this extensive fire, including personnel from about one hundred fire 
departments from across the State, military and civiUan personnel from the Marine Corps 
Air Station at New River, marines from Camp LeJeune, foresters from South Carolina 
and Georgia, and prison inmates who volunteered to assist on the scene; and 

Whereas, volunteer firemen from Sampson, Cumberland, Wayne, Pender, New 
Hanover, Onslow, Craven, Duplin, Jones, Brunswick, Carteret Counties and from the 
fire departments of the City of Wilmington and the Marine Corps Air Station, worked 
tirelessly to fight and control the forest fire; and 

Whereas, emergency medical service was provided by 26 rescue squads and their 
technicians and support personnel firom many parts of the State; and 

Whereas, these herculean efforts should be properly recognized, honored, and ap- 
plauded by the General Assembly of North Carolina; 

Now, therefore, be it resolved by the Senate: ''"''- 

Section 1. The North Carolina Senate expresses its gratitude to each and every person 
and organization involved in the successful heroic fight to contain and extinguish the 
forest fire in Onslow and Pender Counties during May 1986. This body especially notes 
and applauds the efforts of the representatives of the volunteer and paid fire departments 
and rescue squads in their service to this State during the great conflagration in Onslow 
and Pender Counties during May 1986. 

Sec. 2. This resolution is effective upon adoption. 



1986] SENATE JOURNAL 343 

EXECUTIVE ORDERS 

of the 

GOVERNOR OF THE STATE 

OF NORTH CAROLINA 

JAMES G. MARTIN 

In compliance with G. S. 150A (Art. 5) and Chapter 479 (S. B. 1 [Sec. 152]) of the 1985 
Session Laws, the Office of the Governor of the State of North CaroUna has filed with the 
Senate Principal Clerk a copy of all Executive Orders issued (to date of printing) as 
summarized below. 

The full text of Executive Orders 1 through 21 can be found in the Session Laws of the 
1985 General Assembly, First Session 1985 and Executive Orders 22 through 26 in the 
Session Laws of the 1985 General Assembly, Second Session 1986. 



Executive Date of 

Order Title Issuance 

1 North Carolina Board of Ethics 1/31/85 

Establishes and defines duties of Board of Ethics and persons subject to, and exemptions 
from, this Order. Statement of Economic Interest has to be filed every year between April 
15 and May 15. 

2 Governor's Efficiency Study Commission 2/12/85 

Commission established to conduct a private sector study of efficiency in State govern- 
ment and advise Governor and other department and agency heads with respect to 
improving and reducing costs. 

3 North Carolina Advisory Council of 

Vocational Education 3/27/85 

Establishes Council to act as the State Council on Vocational Education in accordance 
with requirements of Federal law. 

4 Rescission of Executive Order No. 97, 

Dated September 7, 1983, Restoring 

Review of Disability Procedures 5/10/85 

Ends moratorium on the processing of claims forwarded by the Social Security Adminis- 
tration. 

5 Governor's Commission on Child Victimization 5/20/85 

Establishes Commission to encourage private sector involvement, coordinate with var- 
ious state agencies, review programs, proposals, preventive measures, and North Caroli- 
na law deaUng with prevention of the victimization of children. 

6 State Employees' Work Place Requirements for 

Safety and Health 5/20/85 

Establishes State Employees' Work Place Requirements Program for Safety and Health 
for N.C. to meet its loss prevention responsibilities and provide safe and healthful 
conditions of employment for all State employees. State Personnel Director provides 
annual analysis of injury and compensation statistics. 



344 SENATE JOURNAL [Second Session 



Executive Date of 

Order Title Issuance 

7 Women's Economic Development Advisory Council 6/28/85 

Establishes Council to explore opportunities for women in our economy, and advise 
Secretary of Administration and Secretary of Commerce on course of action. 

8 Governor's Advisory Committee on Travel 

and Tourism 6/28/85 

Establishes Committee to work in coordination with the Travel and Tourism Committee 
of the N.C. Economic Development Board of the Dept. of Commerce. Rescinds Hunt 
Executive Order 46. 

9 North Carolina Public Transportation 

Advisory Council 6/28/85 

Establishes Council to develop transportation poHcies, and to review and make recom- 
mendations to Interagency Transportation Review Committee (which is created by this 
Order), funding agencies and to Board of Transportation. Rescinds Hunt Executive 
Order 29. 

10 North Carolina Small Business Council 6/28/85 

Establishes Council. To prepare and present recommendations to the Governor and 
General Assembly for changes and recommendations regarding statutes, rules and regu- 
lations which affect small businesses in N.C. To determine need for programs and conduct 
interviews and information needed to carry out this Order. Rescinds Hunt Executive 
Order 51. 

lOA Amendment to Executive Order No. 10 7/25/85 

Replaces "Business Assistance Division" with "Small Business Development Division" as 
referred to in Martin Executive Order 10 executed June 28, 1985. 

11 Governor's Advisory Commission on 

Military Affairs 6/28/85 

Establishes Commission to advise Governor on activities which would assist military 
installations and military famiUes within State. Rescinds Hunt Executive Order 80 
executed April 30, 1982. 

12 Governor's Highway Safety Commission 6/28/85 

Establishes Commission to review, support and estabUsh statewide highway safety goals 
and objectives and legislation to promote highway safety and advise Governor. Rescinds 
Hunt Executive Order 56 executed October 30, 1980. 

13 North Carolina State Health Coordinating 

Council 6/28/85 

Establishes Council. To advise DHR and Governor of concerns, needs, and recommenda- 
tions regarding health planning needs in N.C. Rescinds Hunt Executive Order 91 ex- 
ecuted February 28, 1983. 

14 Governor's Task Force on Domestic Violence 6/28/85 

Establishes Task Force to review and make recommendations to coordinate agency 
activities in assisting victims of domestic violence, develop programs and provide commu- 
nity education regarding domestic violence issues. Rescinds Hunt Executive Order 55 
executed October 27, 1980. 



1986] SENATE JOURNAL 345 

Executive Date of 

Order Title Issuance 

15 Juvenile Justice Planning Committee 6/28/85 

Establishes Committee to study juvenile justice as an adjunct committee of Governor's 
Crime Commission. 

16 North Carolina Council on the Holocaust 6/28/85 

Establishes Council to prevent future atrocities by developing a program of education and 
observance of the Holocaust. Rescinds Hunt Executive Order 63 executed April 29, 1981. 

17 America's Four Hundredth Anniversary 6/28/85 

Extends Hunt Executive Order 88 executed November 9, 1985, which estabUshes county 
committees on America's 400th Anniversary, through December 31, 1987. 

18 Equal Employment Opportunity 7/1/85 

Outlines State policy for implementation of policies and programs adopted by the State 
Personnel Commission to provide equal employment opportunities. 

19 Governor's Commission for Recognition of 

State Employees 8/7/85 

Establishes Governor's Commission for Recognition of State Employees for the purpose 
of recognizing State employees who have provided valuable service to the State. 

20 Wellness Improvement for State Employees 9/3/85 

Establishes program to facilitate a combination of educational, organizational and en- 
vironmental activities designed to support behaviors conducive to the positive health of 
employees. 

21 State Family Planning Advisory Council 10/3/85 

Establishes Council to comply with Federal recommendations in accordance with Title X, 
Public Health Services Act. 

22 Implement Certain Economies in North Carolina 

State Government to Respond to Federal 
Legislation Requiring a Federal Balanced 
Budget 1/8/86 

Freeze on vacant positions in the Executive Branch of State Government, with ex- 
ceptions, because of balanced budget amendment to the Federal debt ceiling limit bill 
requiring the Federal Government to reach a balanced budget by fiscal year 1991. 

23 Governor's Council on Alcohol and Drug Abuse 

Among Children and Youth 1/29/86 

Council appointed by Governor and supported by the Department of Human Resources to 
identify needs, recommend and coordinate resources both State and local, to address 
identified needs, and recommend legislation in the area of substance abuse. Funded by the 
Department of Human Resources and private donations. 

24 Governor's Program to Strengthen Historically 

Black Colleges 2/13/86 

Program to strengthen the capacity of historically Black colleges and universities, to 
provide quality education by involving business and industry to identify, reduce, and 
eliminate barriers to participation in State-sponsored programs. Mandatory annual plan 
to Senior Education Advisor from Cabinet Department and Executive Agencies for 
development of Annual State Plan. 



346 SENATE JOURNAL [Second Session 



Executive Date of 

Order Title Issuance 

25 Regional Policy for North Carolina 2/21/86 

Continuation and reorganization of the Lead Regional Organization involving the concept 
of multi-county planning regions in the fostering of intergovernmental coordination and 
cooperation. 

26 Emergency Drought Relief 7/23/86 

Development and Implementation of "Operation Hay" providing assistance to farmers in 
the procurement and distribution of hvestock feed products necessitated by the extensive 
drought conditions prevailing. 



PRESENTATION TO SENATE 

June 18, 1986 (see page 69) 

The desk presented to the Senate of the North Carolina General Assembly for the use of 
the Lieutenant Governor as President of the Senate is the culmination of a two-year 
project of the Vocational Education Class of the North Buncombe High School in Ashe- 
ville, North Carolina. 

Constructed from walnut grown in North Carolina and purchased in rough-lumber 
form, the students designed and drew plans for the desk. With an average investment of 
two hours each day for the school calendar year of 1985 and 1986 as well as time after 
school and during teacher work-days, the students planed the wood, turned corners, drew 
and cut the one-inch dentil work utilized in the design. The desk is 76 by 37 inches and 
contains two file drawers on either side of the occupant with a middle drawer for writing 
materials. Located on the front are four doors enclosing book shelves with a eight-inch 
recess. Decorated with brass fixtures of early-American design and featuring raised 
panels with turned and fluted quarter panels in a traditional style, the impressive desk 
shall compliment the executive office of the President of the Senate. 

Purpose of Project: "In light of ongoing federal cuts [budgetary], to demonstrate to our 
state legislators the needs of vocational training on the high school level. " 

Participants in Project: , ; :. 

Instructor: Charles Dunlop ^^ ' 

Class of 1985: Jeff Allman, Dennis Ball, Kenny Banks, Brian Barlow, 

J. B. Gosnell, Edward Jones, Chris Pack, Mark Parker, 
and Steve Roberts. 

Class of 1986: Jeff Burchette, Mickey Hyatt, Tim Jarrett, 

Brett Ledbetter, Brian Peek, Doug Robinson, Chris Webb, 
, ,., :, and Phillip Wilson. 



1986] ^-:; SENATE JOURNAL 347 

APPOINTMENTS 

SHARED BY 

THE LIEUTENANT GOVERNOR 

AND 

THE SPEAKER OF THE HOUSE OF REPRESENTATIVES 

The following appointments to Boards, Commissions and Committees were made 
during 1985 and 1986 by the President of the Senate, the Honorable Robert B. Jordan III, 
Lieutenant Governor, and the Honorable Liston B. Ramsey, Speaker of the House of 
Representatives. vr :; 

Chapters 770, 774, 1026, and 1029, 1985 Session Laws, were enacted in compliance with 
G. S. 120-121 which outlines the procedure for legislative appointments. The filling of 
vacancies occurring in legislative appointments is addressed in Chapter 752, 1985 Session 
Laws. Various Boards and Commissions are abolished by Chapter 1028, 1985 Session 
Laws. 

Appointments prior to 1985 were made by a former Lieutenant Governor but remain in 
effect. 

' ' ' ' .-.-•- Appointed Expires 

ADMINISTRATIVE RULES REVIEW COMMISSION 

(G. S. 143B-30.1) (Term-two years) 
By Lieutenant Governor: 7/16/86 6/30/88 

Mr. William C. Crawford* ... ,, 

Mr. M. Jackson Nichols* 

Ms. Beryl Wade* 

Mr. Charles D. Woodard* 
By Speaker: 7/16/86 6/30/88 

Ms. Catharine Biggs Arrowood* 

Mr. Joe A. Connolly* 

Mr. George A. Hux* 

Mr. John S. Stevens* 

ADVISORY BUDGET COMMISSION 

(G. S. 143-4) (Term-two years) 
By Lieutenant Governor: 1/15/85 1/15/87 

Senator Harold W. Hardison 

Senator William N. Martin 

Senator Kenneth C. Royall, Jr. 

Senator R. P. Thomas 

Senator Wilma C. Woodard 
By Speaker: 2/5/85 1/15/87 

Rep. Jeff H. Enloe, Jr. 

Rep. Jo Graham Foster 

Rep. Luther R. Jeralds 

Rep. Dwight W. Quinn 

Rep. William T. Watkins 



*Citizen Appointee 



348 SENATE JOURNAL [Second Session 

Appointed Expires 

AGING, GOVERNOR'S ADVISORY COUNCIL 

(G. S. 143B-181) (Term-four years) 

By Lieutenant Governor: 

Mr. James H. McCombs* 7/24/86 6/30/90 

Mrs. Maude Morrow* 8/26/83 6/30/87 

By Speaker: 

Mrs. Juanita Dixon* 6/17/86 6/30/90 

Mr. Albert Jennings Martin* 7/23/84 6/30/88 

AGRICULTURAL FINANCE AUTHORITY, NORTH CAROLINA 

(G. S. 122D-4) (Term-three years) 
By Lieutenant Governor: 7/1/86 6/30/89 

Mr. Hector MacLean* 

Mr. John Paige Revell* 

Mr. Leonard Hedgepeth* 
By Speaker: 7/1/86 6/30/89 

Mr. Mack Reid Hudson* 

Mr. J. P. Harris, Jr.* .. . 

Mr. Rhone Sasser* 

AGRICULTURE, FORESTRY, AND SEAFOOD AWARENESS, 
STUDY COMMISSION 

(G. S. 120-150) (Term-two years) '^ ' ., . -. 

By Lieutenant Governor: 8/16/85 9/30/87 

Senator James Speed — Co-Chairman 

Senator Joseph E. Thomas 

Mr. J. Michael Evans* 

Mr. Edwin W. Woodhouse* 
By Speaker: 8/28/85 9/30/87 

Rep. Vernon James — Co-Chairman 

Rep. L. M. Brinkley 

Rep. Edith Lutz 

Rep. Robert L. McAlister ^ . 

ALARM SYSTEMS LICENSING BOARD 

(G. S. 74D-4) (Term-three years) -- . 

By Lieutenant Governor 

Mr. Ralph C. Brown* ". . . . . 9/22/83 9/30/86 

Mr. David Winston Carter* 10/1/86 9/30/89 

By Speaker: 10/1/83 9/30/86 

Mr. W. Carson Ellis* 

(Reappointed) 10/1/86 9/30/89 



*Citizen Appointee 



1986] SENATE JOURNAL 349 

Appointed Expires 

ANDREW JACKSON HISTORIC MEMORIAL COMMITTEE 

(Ch. 757, 1985 Session Laws) (Term-four years) 
By Lieutenant Governor: 9/6/85 12/31/89 

Mrs. Thomas P. Dillon* 

Mr. Jack Hernig* 

Mr. Charles H. McGee* 

Mr. Wylie Neal* 

Mr. Harry Sherwood* 

Mr. John Thomas Wilson* 
By Speaker: 8/26/85 12/31/89 

Mr. Sid Hart* 

Mrs. Gladys Kerr* 

Dr. Clifford R. Lovin* 

Mrs. H. A. Sims* 

Dr. Percial Moses Thomas* 

Mrs. Mary Alice Wilson* 

ARBORETUM, WESTERN NORTH CAROLINA, BOARD OF DIRECTORS 

(G. S. 116-243) (Term-four years) 

By Lieutenant Governor: 7/16/86 

Ms. Deana Anderson Goldstein* 6/30/90 

William Frank Forsyth* 6/30/88 

By Speaker: 7/16/86 

Dr. H. F. Robinson* 6/30/90 

Mr. David Felmet Sr.* 6/30/88 

ART, N.C. MUSEUM OF, BOARD OF TRUSTEES 

(G. S. 140-5. 13(b) (5) (Term-two years) 
By Lieutenant Governor: 

Ms. Nancy Crutchfield 7/1/85 6/30/87 

By Speaker: 

Mrs. Mariam Cannon Hayes* 7/22/85 6/30/87 

ART IN STATE BUILDINGS 

(G. S. 143-408.4) (Term-two years) 
By Lieutenant Governor: 7/1/85 6/30/87 

Ms. Sarah Hodgkins* 
By Speaker: 7/22/85 6/30/87 

Douglas C. Forrest* 

BANKING COMMISSION, STATE 

(G. S. 53-92) (Term-four years) 
By Lieutenant Governor: 7/22/83 4/1/87 

Mr. Joseph I. Marshall* 
By Speaker: 7/27/83 4/1/87 

Mr. Robert H. Gage* 



*Citizen Appointee 



Bm SENATE JOURNAL [Second Session 

Appointed Expires 

BICENTENNIAL COMMISSION OF THE n h 

UNITED STATES CONSTITUTION ..■..!, .,,..:.•.,,. ah , 

(G. S. 143-564) (Term-Life of Commission) l^y^y..^. , ... 

By Lieutenant Governor: (Chairman) 1/10/86 ,011 -P] 

Dr. John T. Caldwell* ,^;;?4M y-.^. K 

Hon. Sam J. Ervin III* , ^■"■-jM:H^i-A:.p;v')-^V 

Dr. John Hope Franklin* - ■ j - I- ■' vf- 

Mr. Harry Gatton* -.•/<;a/;=^''' r'avh 'M 

Ms. Liz Hair* ■"Tir.'^y.f^' -ih^^j:-'-' '::[.>\. :'<i:\ 

Mr. McNeil Smith ri^.i-y.-'-i-^U': 

By Speaker: 12/1/85 ; , ^y^, .?,'; 

Rep. Charles M. Beall ,,; ,1 -i;; . M 

Rep. C. Robert Brawley ; ; i Jl v iL ■ .'l 

Rep. John J. Hunt (Designee) v,;;-- ' H ;//; 

Rep. Vernon G. James . ,; 'v/^ ;;:r ; ; i ; i 

Rep. Daniel T. Lilley ,,■. .,.•/. ;. , : .' , :?a 
Rep. James F. Richardson 

Mr. Zeb Alley* -■^.i^^'U: ■■ Wy\y/. ^t^^;^! ^:/Wy,\viJ.i:- :)f|'^l/\ 

BIOTECHNOLOGY CENTER, NORTH CAROLINA— A ?: 

BOARD OF DIRECTORS 

(By-laws) (Term-four years) 

By Lieutenant Governor: 10/18/85 7/31/89 

Mr. William G. Hancock* 

Dr. Franklin Hart* , . ,, ... ,. 

Dr. Roy Morse* 

Dr. Stuart Bondurant* " ; ' : ; - ■' 'i^ ■ -h,;.- ^H 'io-^l ]^^' '^'^^-^ ^ "-'•■'' •■^'-;^'^ 

Dr. Charles G. Moreland* ' -^ '- . 

By Speaker: 10/25/85 7/31/89 

Dr. Don Anderson* 

Dr. James Burchall* ; ^ ^ V^^' 

Rep. Wendell H. Murphy -u. 1' 

Mr. Joseph Nanney* - . : r,i :.■:■ ■" q,' 

Dr. John McCrone* 7/28/86 V • ; ' ■ Jv 

BLIND, CONSUMER AND ADVOCACY ADVISORY '^ 

COMMITTEE FOR THE 

(G. S. 143B-164) (Term-two years) 

By Lieutenant Governor: 7/1/85 6/30/87 

Senator Ralph Hunt 

By Speaker: 9/17/85 6/30/87 

Rep. Ray Fletcher ;, , j ■- ,;, 



♦Citizen Appointee 



1986] :- SENATE JOURNAL 351 

Appointed Expires 

BUSINESS LICENSING, SIMPLIFIED— STUDY COMMISSION 

(Ch. 792, 1985 Session Laws) 
By Lieutenant Governor: 9/4/85 

Senator J. J. Harrington (Co-Chairman) 

Senator Harold Hardison 

Senator David R. Parnell 

Senator Aaron W. Plyler 

Mr. Bobby Myrick* 8/16/85 

Mr. Elbert L. Whitley, Jr.* 8/16/85 

By Speaker: 8/26/85 

Rep. H. Martin Lancaster (Co-Chairman) 

Rep. J. Fred Bowman 

Rep. Donald M. Dawkins 

Rep. Albert S. Lineberry, Sr. 

Rep. Charles D. Owens ^ ' . . 

Rep. E. David Redwine 

CAPITAL BUILDING AUTHORITY 

(G. S. 129-40) (Term-two years) 
By Lieutenant Governor: 7/1/85 6/30/87 

Ms. LaDane W. Bullington* 

Mr. Isaac Heard, Jr.* 
By Speaker: 7/22/85 6/30/87 

Mr. Charles E. Hubbard* 

Mr. Jimmy L. Moore* 

CAPITAL PLANNING COMMISSION 

(G. S. 143B-374) (Term-coincides with legislative term) 
By Lieutenant Governor: 3/6/85 12/31/86 

Senator WiUiam D. Goldston, Jr. 

Senator Aaron W. Plyler 

Senator Robert D. Warren 

Senator Wilma C. Woodard 
By Speaker: 3/1/85 12/31/86 

Rep. Martin L. Nesbitt 

Rep. Edd Nye 

Rep. Margaret Stamey • 

Rep. Wilham T. Watkins 

Rep. Jack Hunt (Designee) 5/12/86 

CEMETERIES, ADVISORY COMMITTEE ON ABANDONED 

(G. S. 143B-128) (Term-four years) 
By Lieutenant Governor: 7/1/85 6/30/89 

Mr. Ralph Yates* 
By Speaker: 9/15/83 6/30/87 

Rep. Gordon H. Greenwood 



*Citizen Appointee 



352 SENATE JOURNAL [Second Session 

Appointed Expires 

CHILD DAY-CARE COMMISSION OF THE DEPARTMENT OF HUMAN 
RESOURCES 

(G. S. 143B-168.2) (Term-two years) 

By Lieutenant Governor: 

Ms. Lucy Bode* 7/1/85 6/30/87 

Ms. Dorothy C. Scoggins* 7/16/86 6/30/88 

Ms. Carol Spruill* 7/1/85 6/30/87 

Mr. Ronald Saucier* 7/16/86 6/30/88 

By Speaker: 

Mrs. Mary M. Holroyd* ' 7/16/86 6/30/88 

Mrs. Betsy H. Johnson* 7/16/86 6/30/88 

Mr. Bob Eagle* - 7/26/85 6/30/87 

Mrs. Lois Queen* 7/26/85 6/30/87 

CHILDREN AND YOUTH, GOVERNOR'S ADVOCACY COUNCIL ON 

(G. S. 143B-415) (Term-four years) 
By Lieutenant Governor: 7/1/85 6/30/87 

Senator Charles Hipps 

Senator Lura Tally 7/24/86 

By Speaker: 9/18/85 6/30/89 

Rep. Casper Holroyd 

Rep. Walter B. Jones Jr. 

CHILDREN WITH SPECIAL NEEDS, COMMISSION ON 

(G. S. 120-58) (Term-pleasure of appointive authority) 
By Lieutenant Governor: 7/10/85 

Senator Helen Marvin 

Senator Russell Walker 

Senator Dennis Winner 

Dr. Robert G. Jeffers* 9/6/85 

By Speaker: 9/5/85 

Rep. Charles L. Cromer 

Rep. C. B. Hauser 

Rep. EddNye 

Mr. Cornelius Hunt* 

CHIROPRACTIC EXAMINERS, STATE BOARD OF 

(G. S. 90-139(b)) 
By Lieutenant Governor: (Term-three years) 

Dr. Fletcher Keith* 7/16/86 6/30/89 

By Speaker: (Term-two years) 

Dr. G. Kenneth Miller* 7/29/85 6/30/87 



^Citizen Appointee 



1986] 



SENATE JOURNAL 



353 



Appointed Expires 

CHOWAN INTERSTATE COMMISSION in Cooperation with 
VIRGINIA GENERAL ASSEMBLY 

(Ch. 757, Sec. 207, 1985 Session Laws) 
By Lieutenant Governor: 3/18/86 

Senator Marc Basnight (Co-Chairman) 

Senator J.J. Harrington 

Senator Joseph E. Thomas 

Senator Lura Tally 
By Speaker: 3/25/86 

Rep. William T. Watkins (Co-Chairman) 

Rep. L. M. Brinkley 

Rep. Howard B. Chapin 

Rep. Vernon James 

CODE OFFICIALS QUALIFICATION BOARD, NORTH CAROLINA 

(G. S. 143-151.9) (Term-four years) 

By Lieutenant Governor: 

Mr. John A. Parham* 7/1/84 6/30/88 

Mr. W. Thompson Cox* 7/24/86 7/1/90 

Mr. Schuyler Drake Conklin* 7/7/83 7/1/87 

Mr. Theodore P. Nordman* 9/9/81 7/1/85 

By Speaker: 

. Mr. Eugene L. Presley* 9/3/85 6/30/88 

Mr. Perry Plemmons* 9/3/85 6/30/89 

Mr. Howard Liner* 9/3/85 6/30/89 

Mr. Howard V. Page* 8/10/83 6/30/87 

CONTRACT APPEALS, STATE BOARD OF 

(G. S. 143-135.11) (Term-two years) 
By Lieutenant Governor: 7/16/86 6/30/88 

Mr. Justus M. (Judd) Ammons* 
By Speaker: 7/16/86 6/30/88 

Mr. Everett Carnes* 

COURTS COMMISSION, NORTH CAROLINA 

(G. S. 7A-506) (Term-four years) 

By Lieutenant Governor: 

Senator Henson Barnes 7/1/85 6/30/87 

Senator Anthony E. Rand 7/1/85 

Senator R. C. Soles, Jr. 7/1/85 

Mr. Fielding Clark H* 7/1/83 

Mr. Earl Parker* 8/31/84 

Mr. Howard Twiggs* 9/16/83 

By Speaker: 9/4/85 

Rep. Daniel T. Blue, Jr. 6/30/89 

Mr. Donald M. Dawkins* 6/30/89 

Rep. Robert C. Hunter 6/30/87 

Hon. Ralph S. Knott* 6/30/89 

Mr. Marvin D. Musselwhite, Jr.* 6/30/87 

Rep. Dennis A. Wicker 6/30/87 



*Citizen Appointee 



354 



SENATE JOURNAL 



[Second Session 



Appointed Expires 

CRIME COMMISSION ., 

(G. S. 143B-478) (Term-two years) ' f i:-if^\\<^ 
By Lieutenant Governor: 7/25/85 2/28/87 

Senator Robert Swain 

Senator William Staton 
By Speaker: 3/7/85 2/28/87 

Rep. Frank W. Ballance, Jr. < ; ,f ., .? .■■{,_■■■■ 

Rep. Joe Hackney u;/ 

CRIMINAL JUSTICE EDUCATION AND TRAINING STANDARDS ' 

COMMISSION . ^ 

(G. S. 17C-3) (Term-two years) --: h < , 

By Lieutenant Governor: 7/1/85 6/30/87 

Mr. Douglas Parsons* 

By Speaker: 7/16/86 6/30/87 

Mr. Dennis T. Worley* . . 

DEFERRED COMPENSATION PLAN, NORTH CAROLINA 
PUBLIC EMPLOYEE, BOARD OF TRUSTEES ? 

(G. S. 143B-426.24) (Term-two years) 
By Lieutenant Governor: 7/16/86 6/30/87 

Mr. Carson Bain* 
By Speaker: 7/22/85 6/30/87 

Mr. Adam Barlett, Jr.* : . .' 

DISABILITIES, GOVERNOR'S ADVOCACY COUNCIL FOR PERSONS WITH 

(G. S. 143B-403.2) (Term-two years) 
By Lieutenant Governor: 7/1/85 6/30/87 

Ms. Caroline M. Livermore* 
By Speaker: 7/23/85 6/30/87 

Mr. John W. Dalrymple* 

DISABILITY TASK FORCE 

(Ch. 1034 Sec. 64, 1983 Session Laws) - .:■. - VM 

(Ch. 757 Sec. 82, 1985 Session Laws) 

By Lieutenant Governor: 9/19/85 

Mr. Charles McBrayer Sasser* 

By Speaker: 9/10/85 

Rep. Barney Paul Woodard : 

DISCIPLINARY HEARING COMMISSION OF 
NORTH CAROLINA STATE BAR 

(G. S. 84-28.1) (Term-three years) 
By Lieutenant Governor: 11/30/84 6/30/86 

Mr. Alton Ingalls* 
By Speaker: 7/4/85 6/30/88 

Mr. John W. Beach* 



* Citizen Appointee 



1986] : r; SENATE JOURNAL 355 

Appointed Expires 

ECKERD WILDERNESS EDUCATIONAL SYSTEM 
NORTH CAROLINA BOARD 

(By-laws of EWES of NC) 

By Lieutenant Governor: 

Mr. Enoch M. "Eddie" Turnage* 8/29/83 6/30/85 

Senator Kenneth C. Royall, Jr 7/23/81 6/30/84 

By Speaker: 

Rep. James F. Richardson 5/2/85 6/30/88 

Rep. J. Paul Tyndall 7/19/84 6/30/87 

ECONOMIC DEVELOPMENT BOARD 

(G. S. 143B-434) (Term-coincides with legislative term) 
By Lieutenant Governor: 

No Designee 
By Speaker: 

Mr. C. Randall Rabon* (Designee) 2/13/85 1/15/87 

EDUCATION COMMISSION OF THE STATES 

(G. S. 115C-104) (Term-Pleasure of Appointive Authority) 
By Lieutenant Governor: 7/1/85 6/30/87 

Senator Marvin Ward 
By Speaker: ., 

(Not appointed at time of printing.) 

EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL 

(G. S. 143-510) (Term-coincides with legislative office) 
By Lieutenant Governor: 7/1/85 6/30/87 

Senator Marc Basnight 

Senator WiUiam Goldston, Jr. 
By Speaker: 4/30/85 12/31/86 

Rep. Jeff Enloe 

Rep. Charles M. Beall 

EMPLOYEE HOSPITAL AND MEDICAL BENEFITS COMMITTEE 

(G. S. 135-38) (Term-two years) 
By Lieutenant Governor: 2/11/85 12/31/86 

Senator J. J. Harrington — President Pro Tempore 

Senator Kenneth C. Royall, Jr. — Majority Leader 

Senator Aaron W. Plyler — Chairman Appropriations 

Senator Anthony E. Rand — Chairman Base Budget 

Senator Marshall Rauch — Co-Chairman Finance 

Senator David Pamell 6/30/87 

By Speaker: 2/14/85 12/31/86 

Rep. John J. Hunt — Speaker Pro Tempore 

Rep. William T. Watkins (Co-Chairman) 
Chairman, Appropriations/Expansion 

Rep. Bob Etheridge — Chairman, Appropriations 
Base Budget 

Rep. Dwight W. Quinn — Chairman, Finance 

Rep. George W. Miller, Jr. 9/17/85 6/30/87 

Rep. George W. Brannan ^ 9/17/85 6/30/87 

*Citizen Appointee 



356 SENATE JOURNAL [Second Session 

Appointed Expires 

ENERGY POLICY COUNCIL, NORTH CAROLINA 

(G. S. 113B-3) (Term-two years) ^ . " '. . _] 

By Lieutenant Governor: 7/25/85 12/31/86 i 

Senator Joseph E. Thomas 1 

Senator Richard Conder | 

By Speaker: 5/1/85 12/31/86 ] 

Rep. George W. Brannan i 

Rep, Sidney A. Locks i 

ENTERPRISE ZONE-VENTURE CAPITAL STUDY COMMISSION I 

(Ch. 792 Sec. 4, 1985 Session Laws) (Terminates upon Final Report) j 

By Lieutenant Governor: 9/4/85 

Senator Russell Walker (Co-Chairman) 

Senator Ted Kaplan 

Senator William N, Martin 

Senator Melvin L. Watt 

Mr. Jesse S. Capel* 8/16/85 

Mr. Thomas Veach Long II* 8/16/85 

By Speaker: 8/26/85 

Rep. Charles D. Owens (Co-Chairman) 

Rep. Alexander M. Hall 

Rep. W. Casper Holroyd, Jr. 

Rep. Luther R. Jeralds 

Rep. H. Martin Lancaster 

Rep. Edd Nye 

ENVIRONMENTAL MANAGEMENT COMMISSION 

(G. S. 143B-283) (Term-two years) 
By Lieutenant Governor: 7/1/85 6/30/87 

Mr. A. R. "Tony" Combs* 

Mr. Lawrence D. Fitzpatrick* 
By Speaker: 7/22/85 6/30/87 

Mr. Charles Pinkney Francis* 

Dr. Garrett A. Smathers* 

ETHICS, LEGISLATIVE COMMITTEE 

(G. S. 120-99) (Term-coincides with legislative term) 
By Lieutenant Governor: 2/18/85 12/31/86 

Senator Marshall Rauch (Chairman- 1985) 

Senator Lawrence A. Cobb 5/31/85 

Senator William W. Redman, Jr. 

Senator Russell Walker j 

Senator Dennis Winner 
By Speaker: 2/27/85 12/31/86 

Rep. Annie Brown Kennedy (Chairman-1/14/86) 

Rep. Austin M. Allran 

Rep. Margaret P. Keesee-Forrester 

Rep. George W. Miller, Jr. 6/7/85 

Rep. Charles D. Owens ■' 1/14/86 



*Citizen Appointee 



1986] SENATE JOURNAL 357 

Appointed Expires 

EXCEPTIONAL CHILDREN, COUNCIL ON EDUCATIONAL SERVICES FOR 

(G. S. 115C-121) (Term-two years) 
By Lieutenant Governor: 2/28/85 6/30/87 

Senator Helen Rhyne Marvin 

Senator Lura Tally 
By Speaker: 9/18/85 6/30/87 

Rep. Ed N. Warren 

Rep. C. B. Hauser 

FARM OPERATIONS COMMISSION, STATE 

(G. S. 106-26.13) (Term-two years) 
By Lieutenant Governor: 7/1/85 6/30/87 

Mr. Conley Mangum* 
By Speaker: 7/18/85 6/30/87 

Clifton H. Moore* 

FARMERS MARKET COMMISSION, NORTHEASTERN NORTH CAROLINA 

(G. S. 106-720) (Term-four years) 

By Lieutenant Governor: 7/16/86 

Dr. Edmund Estes* 6/30/88 

Mr. Tom H. Shepherd* 6/30/88 

Mr. Sam Walker* 6/30/90 

Ms. Grace Bonner* 6/30/90 

By Speaker: 7/16/86 

Dr. Frank Bordeaux* (Chairman) 6/30/88 

Mr. Hobart Trusdale* 6/30/88 

Mr. Don Baker* 6/30/90 

Rev. James M. Johnson* 6/30/90 

FARMERS MARKET COMMISSION, SOUTHEASTERN NORTH CAROLINA 

(G. S. 106-727) (Term-four years) 

By Lieutenant Governor: 7/16/86 

Dr. Frank Bordeaux* (Chairman) 6/30/88 

Mr. J. T. (Tommy) Wellington* 6/30/88 

Mr. Durwood Sinclair* 6/30/90 

Mr. Al Parker* 6/30/90 

By Speaker: 7/16/86 

Dr. Edmund A. Estes* 6/30/88 

Mr. Samuel L. Harrell* 6/30/88 

Mr. Melvin G. Cording* 6/30/90 

Mr. Oscar Harris* 6/30/90 

FARMWORKER COUNCIL, NORTH CAROLINA 

(G. S. 143B-426.25) (Term-two years) 

By Lieutenant Governor: 
Senator Wanda Hunt 10/31/85 6/30/87 

Rev. James Horton* 8/29/85 6/30/87 

By Speaker: 
Rep. Charles M. Beall 1/15/86 6/30/87 

Rep. Jeff H. Enloe, Jr. 6/17/86 6/30/87 



'Citizen Appointee 



358 SENATE JOURNAL [Second Session 

Appointed Expires 

FIRE COMMISSION, STATE 

(G. S. 58-27.30) (Term-three years) 
By Lieutenant Governor: 7/1/85 9/30/87 

Mr. Carroll Hemphill* 
By Speaker: 7/26/85 9/30/87 

Mr. Wiley P. Wooten* 

GENERAL STATUTES COMMISSION 

(G. S. 164-14) (Term-two years) 
By Lieutenant Governor: 7/25/85 5/31/87 

Senator James E. Ezzell, Jr. 
By Speaker: 6/1/85 5/31/87 

Rep. Alexander M. Hall 

HAZARDOUS WASTE REGULATION STUDY 

(Ch. 1014, Sec. 150, 1985 Session Laws) 
By Lieutenant Governor: . 

(Not appointed at time of printing.) 
By Speaker: 8/11/86 

Rep. Joe Hackney (Co-Chairman) 

Rep. Alexander M. Hall 

Rep. H. M. Michaux, Jr. 

Rep. Martin L. Nesbitt 

Rep. Charles D. Owens 

HAZARDOUS WASTE TREATMENT COMMISSION 

(G. S. 143B-470.3) (Term-four years) 

By Lieutenant Governor: 3/29/85 

Mr. Henry von Oesen* 1/31/87 

Mrs. Dorothy Phillips Kilpatrick* 1/31/89 

Mr. Alvis Greely Turner* 1/31/87 

By Speaker: 4/9/85 

Mr. W. S. Brown* 1/31/87 

Mr. Harold D. Long* 1/31/89 

Dr. Bruce Waller* 1/31/89 

HEARING IMPAIRED, NORTH CAROLINA COUNCIL FOR THE 

(G. S. 143B-214) (Term-two years) 
By Lieutenant Governor: 7/1/85 6/30/87 

Senator Wanda Hunt 
By Speaker: 9/18/85 6/30/87 

Rep. Ray C. Fletcher 



*Citizen Appointee 



1986] SENATE JOURNAL 359 

Appointed Expires 

HOLOCAUST, NORTH CAROLINA COUNCIL ON THE 

(G. S. 143B-216.20) (Term-two years) 
By Lieutenant Governor: 10/16/85 6/30/87 

Ms. Paula Blumenfeld* 

Ms. Ellen Carr* 

Ms. Kitty Huffman* 

Mr. Morris Keil* 

Mr. Henry Landau* 

Ms. Cilia Scher* 

Mr. Elmo Scoggin* 

Rabbi Arnold Task* 
By Speaker: 9/10/85 6/30/87 

Rep. John W. Brown 

Rep. David W. Bumgardner 

Rep. Howard B. Chapin 

Rep. John T. Church 

Rep. Herman C. Gist 

Rep. C. B. Hauser 

Rep. Robert L. McAlister 

Rep. L. P. Spoon, Jr. 

HOUSING COMMISSION, NORTH CAROLINA 

(G. S. 147-33.13) (Term-three years) 

By Lieutenant Governor: 

Mr. Joe E. Harris Jr.* 7/16/86 6/30/89 

Mr. Bob Jones* 7/1/85 6/30/88 

Mr. Lawrence Ed Tipton* 7/16/86 6/30/89 

By Speaker: 

Mr. Michael E. Ferguson* 7/16/86 6/30/89 

Mrs. Mickey Hanula* 7/22/85 6/30/88 

Mr. Jim Moore* 7/16/86 6/30/89 

HOUSING FINANCE AGENCY, BOARD OF DIRECTORS 

(G. S. 122A-4) (Term-two years — Categorical-four years) 

By Lieutenant Governor: 7/1/85 

Mr. George E. Carr, Jr.* 6/30/87 

Mr. William A. Jenkins* 6/30/87 

Mr. Mark E. Tipton* 6/30/89 

Mr. William G. White, Jr.* 6/30/87 

By Speaker: 7/22/85 6/30/87 

Mr. Michael E. Ferguson* 
Mr. Jimmy L. Moore* 
Mr. Hilliard Caldwell* 
Mr. WiUiam W. Wittington* 



*Citizen Appointee 



360 SENATE JOURNAL [Second Session 

Appointed Expires 

HOUSING TRUST FUND STUDY COMMISSION, NORTH CAROLINA 

(Ch. 792 Sec. 5, 1985 Session Laws) (Terminates upon Final Report) 
By Lieutenant Governor: 8/16/85 

Senator Anthony E. Rand (Co-Chairman) 

Senator Mel vin L. Watt 

Mr. Ken Flynt* 

Mr. Leighton Martin* - ^ . ' : 

Ms. Betty Chafm Rash* • ■ 

Mr. Edd Roberts* 

Mr. Rhone Sasser* 9/19/85 

Mr. Donald M. Saunders* 
By Speaker: 9/4/85 

Rep. David H. Diamont (Co-Chairman) 

Rep. Frank Ballance 

Rep. George W. Brannan* ■ -. 

Mr. James A. Abbott* 

Mrs. Blanche Carroll* 

Ms. Ethel Clark* 

Mr. Arnold R. Spell* 

Mrs. Patsy Z. Whitaker* 

HUMAN RELATIONS COUNCIL 

(G. S. 143B-392) (Term-four years) 
By Lieutenant Governor: 7/24/86 6/30/90 

Ms. Almetta Armstrong* 

Mr. James F. Richardson* 
By Speaker: 7/1/86 6/30/90 

Rep. Annie B. Kennedy 

Rep. Peggy Stamey 

HUMAN TISSUE ADVISORY COUNCIL 

(G. S. 130A-414) (Term-three years) 
By Lieutenant Governor: 8/29/85 6/30/88 

Ms. Betsy Evans* 
By Speaker: 8/9/83 

Mr. W. T. Grimsley* 

INAUGURAL CEREMONIES, COMMITTEE ON 

(G. S. 143-533) (TermJuly 1 preceding Gubernatorial Election 
through seven days past Inaugural Ceremony) 

By Lieutenant Governor: (Three Senators) 

By Speaker: (Three Representatives) 

INDIAN AFFAIRS, NORTH CAROLINA COMMISSION OF 

(G. S. 143B-407) (Term-two years) 
By Lieutenant Governor: 7/1/85 6/30/87 

James R. Lowry* 
By Speaker: 7/22/85 6/30/87 

Mr. Arnold Locklear* 



*Citizen Appointee 



1986] SENATE JOURNAL 361 

Appointed Expires 

INDIGENT HEALTH CARE STUDY COMMISSION 

(Ch. 792 Sec. 6, 1985 Session Laws) (Final Report to 1987 General Assembly) 
By Lieutenant Governor: 8/16/85 

Senator Anthony E. Rand (Co-Chairman) 

Senator Aaron Plyler 

Senator Russell Walker 

Mr. Wills Hancock* 

Mr. Thomas Rose* 

Mr. Russell E. Transbarger, RN* 
By Speaker: 8/16/85 

Rep. James W. Crawford, Jr. (Co-Chairman) 

Rep. Bob Etheridge 

Mr. Russell Childers* 

Mr. Vines Cobb* 

Ms. Pam Silberman* 

INSURANCE COMMISSION, PUBLIC OFFICERS AND EMPLOYEE LIABILITY 

(G. S. 58-27.20) (Term-four years) 
By Lieutenant Governor: 7/22/83 6/30/87 

Mr. Charles R. Vance, Jr.* 
By Speaker: 7/23/85 6/30/87 

Mr. J. Thomas Sutton* 

INSURANCE LAWS STUDY COMMISSION 

(Ch. 792 Sec. 7, 1985 Session Laws) (Report/Convening 1987 General Assembly) 
By Lieutenant Governor: 8/16/85 

Senator Joseph E. Johnson (Co-Chairman) 

Senator A. D. Guy 

Senator Thomas Taft 

Mr. Art Ivey* 
By Speaker: 8/2/85 

Rep. Martin L. Nesbitt (Co-Chairman) 

Rep. John C. Hasty 

Rep. George M. Holmes 

Rep. Harry E. Payne, Jr. 

INSURANCE MARKETS/LIABILITY AND PROPERTY STUDY COMMISSION 

(Ch. 792 Sec. 8, 1985 Session Laws) (Final Report/Convening 1987 General Assembly) 
By Lieutenant Governor: 8/16/85 

Senator Harold Hardison (Co-Chairman) 

Senator James C. Johnson, Jr. 

Senator Joseph E. Johnson 

Mr. Dale Bennett* 
By Speaker: 8/2/85 

Rep. John C. Hasty (Co-Chairman) 

Rep. Wendell H. Murphy 

Rep. R. D. Beard 

Rep. John B. McLaughlin 



*Citizen Appointee 



362 SENATE JOURNAL [Second Session 

Appointed Expires 

INTERNSHIP COUNCIL, NORTH CAROLINA 

(G. S. 143B-418) (Term-set by appointive authority) 
By Lieutenant Governor: 7/1/85 6/30/87 

Mr. James Oliver* 
By Speaker: 7/1/85 6/30/87 

Mr. George Peery* 

INTERSTATE COOPERATION, COUNCIL ON 

(G. S. 143B-380) (Term-two years) 
By Lieutenant Governor: 7/1/85 6/30/87 

Robert B. Jordan III (President of the Senate) 

Senator Aaron W. Plyler 

Senator Anthony E. Rand 

Senator Kenneth C. Royall, Jr. 
By Speaker: 9/17/85 6/30/87 

Rep. Peggy Stamey (Designee) 

Rep. Frank W. Ballance 

Rep. Ray Sparrow 

Rep. Charles D. Woodard 

JUDICIAL CENTER COMMISSION, STATE 

(Ch. 698 Sec. 17, 1985 Session Laws) (Reports 3/1/87-Terminates 6/30/87) 
By Lieutenant Governor: 10/28/85 

Senator Henson P. Barnes 

Senator Anthony E. Rand 
By Speaker: 9/10/85 

Rep. John T. Church 

Rep. Daniel T. Lilley 

JUVENILE LAW STUDY COMMISSION 

(G. S. 7A-740) (Term-two and four years) 

By Lieutenant Governor: 

Rev. Joseph C. Brown* 6/26/84 6/30/86 

Mr. Charles B. Casper* 6/26/84 6/30/88 

By Speaker: 

Rep. Anne C. Barnes 7/26/84 6/30/86 

Rep. Charles D. Evans 7/26/84 6/30/88 

LAW ENFORCEMENT OFFICERS' BENEFIT AND RETIREMENT FUND, 
BOARD OF TRUSTEES 

(G. S. 143-166(b) (5)) (Term-two years) 
By Lieutenant Governor: 7/1/85 6/30/87 

Mr. Tom Bradshaw* 
By Speaker: 7/22/85 6/30/87 

Mr. Theo H. Pitt, Jr.* 



^Citizen Appointee 



1986] 



SENATE JOURNAL 



363 



Appointed 

LOCAL GOVERNMENT ADVOCACY COUNCIL 

(G. S. 143-506.14) (Term-two years) 
By Lieutenant Governor: 6/3/85 

Senator James D, Speed 

Senator Wanda Hunt 9/10/85 

By Speaker: 5/1/85 

Rep. Charles M. Beall 

Rep. Charles D. Owens 

LOCAL GOVERNMENT COMMISSION 

(G. S. 159-3) (Term-four years) 
By Lieutenant Governor: 7/24/86 

Mr. William Clement* 
By Speaker: 6/11/85 

Mr. William G. Stamey* 

LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT 
COMMISSION, ADVISORY COMMITTEE 

(G. S. 104F) (Term-two years) 
By Lieutenant Governor: 2/12/86 

Senator Russell G. Walker 

Mr. Tony Seamon, Jr.* 
By Speaker: 1/15/86 

Rep. N. Jim Crawford 

Rep. Harry E. Payne, Jr. 

MAJOR MEDICAL PLAN, BOARD OF TRUSTEES TEACHERS' 
AND STATE EMPLOYEES' COMPREHENSIVE 

(G. S. 135-39) (Term-two years) 

By Lieutenant Governor: 

Mr. Edwin Pate Bailey* 7/16/86 

Ms. Lynn E. Gunn* 7/1/85 

Mr. DeWitt Sullivan* 7/1/85 

By Speaker: 

Mr. Sam L. Beam* 7/23/85 

Mr. Ben H. Battle* 7/16/86 

Mr. James Donald Tomberlin* 7/16/86 

MEDICAL DATABASE COMMISSION, NORTH CAROLINA 

(G. S. 131-211) (Term-three years) 

By Lieutenant Governor: 

Dr. Sandra M. Greene* 7/16/86 

Dr. Duncan Yaggy* 7/16/86 

Mr. James L. Muse* 7/1/85 

Mr. John W. Winters, Sr.* 7/1/85 

By Speaker: 7/23/85 

Mr. Walter B. Clark* 

Dr. Philip L. Martin* 

Mr. Robert Wall* 

Dr. Cynthia M. Freund* 7/16/86 



Expires 



12/31/86 



12/31/86 



6/30/89 
6/30/89 



7/15/87 



7/15/87 



6/30/88 
6/30/87 
6/30/87 

6/30/87 
6/30/87 

6/30/88 



6/30/89 
6/30/89 
6/30/88 
6/30/87 

6/30/87 
6/30/87 
6/30/88 
6/30/89 



'Citizen Appointee 



364 SENATE JOURNAL [Second Session 

Appointed Expires 

MEDICAL MALPRACTICE AND MEDICAL LIABILITY STUDY COMMISSION, 
NORTH CAROLINA 

(Ch. 792 Sec. 19, 1985 Session Laws) (Terminates upon Report) 
By Lieutenant Governor: 8/16/85 

Senator Thomas Taft (Co-Chairman) 

Senator J. Richard Conder ' 

Senator Kenneth Royall, Jr. 

Senator R. C. Soles, Jr. 

Mr. James D. Blount* 

Mr. David Bruton* 

Mr. Eric Munson* 

Mr. John Richotte* 
By Speaker: 9/4/85 

Rep. Dwight Quinn (Co-Chairman) 

Rep. Frank W. Ballance, Jr. 

Rep. Charles Cromer 

Rep. George W. Miller, Jr. - 

Rep. Edd Nye 

Rep. W. Paul Pulley, Jr. 

Dr. Tom Dameron* 

Mr. David R. Fuller* 

MENTAL HEALTH, MENTAL RETARDATION, AND SUBSTANCE ABUSE 
SERVICES, COMMISSION 

(G. S. 143B-148) (Term-two years) 
By Lieutenant Governor: 7/1/85 6/30/87 

Ms. Jeanne Fenner* 7/16/86 

Mr. Carlos N. Young* 
By Speaker: 7/22/85 6/30/87 

Mr. Ben W. Aiken* 

Rev. J. Murphy Smith* 

MENTAL HEALTH STUDY COMMISSION 

(Ch. 792 Sec. 10, 1985 Session Laws) (Terminates 7/1/87) 

By Lieutenant Governor: 7/25/85 6/30/87 

Senator Kenneth C. Royall, Jr. (Co-Chairman) 

Senator William N. Martin 

Senator Helen Rhyne Marvin 

Senator Ollie Harris 

Senator Harold W. Hardison 

Senator Lura S. Tally 

Senator Marvin Ward [ 

Senator Russell G. Walker 



*Citizen Appointee 



1986] SENATE JOURNAL 365 

Appointed Expires 

MENTAL HEALTH STUDY COMMISSION (continued) 

By Speaker: 8/15/85 6/30/87 

Rep. Chris S. Barker, Jr. (Co-Chairman) 
Rep. Anne Barnes 

Rep. Dan T. Blue, Jr 1/15/86 

Rep. James W. Crawford, Jr. 
Rep. C. B. Hauser 
Rep. Sidney A. Locks 
Rep. Edith L. Lutz 
Rep. Frank E. Rhodes 

MILK COMMISSION, NORTH CAROLINA 

(G. S. 106-266.7) (Term-four years) 

By Lieutenant Governor: 

Mr. David A. Smith* 7/16/86 6/30/90 

Dr. Vila Rosenfeld* 7/22/83 6/30/87 

By Speaker: 

Mr. Russell Davenport* 7/22/85 6/30/87 

Mrs. Kathryn G. Kirkpatrick* 7/16/86 6/30/88 

MOTOR VEHICLE DEALERS ADVISORY BOARD, NORTH CAROLINA 

(G. S. 20-305.4) (Term-three years) 

By Lieutenant Governor: 

Mr. Bruce Griffin, Jr.* 3/31/85 6/30/87 

Mr. Dick Helmold* 7/24/86 6/30/88 

Mr. Bobby Wall* 7/24/86 6/30/89 

By Speaker: 

Mr. Daniel M. Allison III* 9/10/85 6/30/88 

Mr. R. J. Childress* 7/1/86 6/30/89 

Mr. Bruce K. Murray* 7/23/84 6/30/87 

MUNICIPAL INCORPORATIONS, JOINT LEGISLATIVE COMMISSION 

(G. S. 120-158) (Term-two years) 
By Lieutenant Governor: 9/2/86 6/30/87 

Senator James E. Ezzell, Jr. 

Senator R. C. Soles, Jr. 

Mr. David Taylor* 
By Speaker: 9/17/86 6/30/87 

Rep. John T. Church 

Rep. Gordon H. Greenwood 

Mr. Bill Forsyth* 



*Citizen Appointee 



SENATE JOURNAL [Second Session 

Appointed Expires 

NEW LICENSING PLANS, LEGISLATIVE COMMITTEE 

(G. S. 120-140) (Term-coincides with legislative term) 
By Lieutenant Governor: 10/12/84 1/1/87 

Senator Ollie Harris 

Senator Harold W. Hardison 

Senator Marshall A. Rauch 

Senator Kenneth C. Royall, Jr. 
By Speaker: 2/7/85 1/1/87 

Rep, Foyle Hightower, Jr. (Chairman) 

Rep. R. Don Beard 

Rep. Joe Hudson 

Rep. H. Martin Lancaster 

Rep. Charles D, Owens 

PHYSICAL FITNESS AND HEALTH, GOVERNOR'S COUNCIL ON 

(G. S. 143B-216.9) (Term-two years) 
By Lieutenant Governor: 7/1/85 6/30/87 

Senator Thomas F. Taft 
By Speaker: 9/17/85 6/30/87 

Rep. Margaret Stamey 

PORTS AUTHORITY, STATE 

(G. S. 143B-452) (Term-two years) 
By Lieutenant Governor: 7/1/85 6/30/87 

Mr. James B. Ollis* 

Mr. Lynwood Smith* ;- ' 
By Speaker: 7/23/85 6/30/87 

Mr. Sneed High* 

Mr. Frank B. Holding* 

PRIVATE PROTECTIVE SERVICES BOARD 

(See also Appointment of President Pro Tempore) 
(G. S. 74C-4(b)) (Term-three years) , ' 

By Lieutenant Governor: 

Mr. James Lester Rhew* 7/16/86 6/30/88 

Mr. Seth Thomas Walton* 7/16/86 6/30/89 

By Speaker: 

Mr. Julius Rowan Cauble* 7/16/86 6/30/89 

Mr. Paul Davis* 7/23/85 6/30/88 

Mr. Bob R. Moye* 7/10/84 6/30/87 

PROPERTY TAX COMMISSION 

(G. S. 143B-223) 
By Lieutenant Governor: (Term-four years) 

Mr. James C. Spencer* 7/22/83 6/30/87 

By Speaker: (Term-two years) 

Mr. Clarence E. Leatherman* 7/22/85 6/30/87 



* Citizen Appointee 



1986] SENATE JOURNAL 367 

Appointed Expires 

PROPERTY TAX SYSTEM STUDY COMMISSION 

(Ch. 792 Sec. 12, 1985 Session Laws) (Terminates 3/1/87) 
By Lieutenant Governor: 8/16/85 

Senator Richard Conder (Co-Chairman) 

Senator Harold W. Hardison 

Senator Ralph A. Hunt 

Senator James C. Johnson, Jr 9/4/85 

Senator R. L. Martin 

Senator Aaron W. Plyler 

Senator James D. Speed 

Senator R. P. Thomas 

Mr. Charles Barham* 

Ms. Dorothy K. Kearns* 

Mr. Roy Maness* 
By Speaker: 8/26/85 

Rep. Josephus L. Mavretic — Co-Chairman 

Rep. L. M. Brinkley 

Rep. C. R. Edwards 

Rep. Joe R. Hudson 

Rep. Robert L. McAlister 

Rep. Wendell H. Murphy 

Rep. E. David Redwine 

Rep. Edward N. Warren 

Mr. Lonnie Bost* 

Mr. Wayne Hooper* 

Mrs. Mary L. Jarrell* 

PUBLIC SCHOOL CALENDAR STUDY COMMISSION 

(Ch. 792 Sec. 17, 1985 Session Laws) (Report 1985 General Assembly, 
Second Session 1986) 
By Lieutenant Governor: 8/16/85 

Senator Dennis Winner (Co-Chairman) 

Senator Marvin Ward 

Ms. Pat Ashley* 

Mr. Howard Dorsett* 

Ms. Linda Gunter* 

Mr. Perry Harrison* 

Mr. Dan Shrive* 

Mr. Henry McCarthy* 9/13/85 

By Speaker: 8/29/85 

Rep. Howard B. Chapin (Co-Chairman) 

Rep. William T. Boyd 

Rep. Gordon Greenwood 

Rep. Walter B. Jones, Jr. 

Mr. Roger C. Capps* 

Mrs. Ann Koonce* 

Mrs. Jeanne Meiggs* 

Mrs. Jo Ann Presley-Teague* 



*Citizen Appointee 



368 SENATE JOURNAL [Second Session 

Appointed Expires 

PUBLIC TELECOMMUNICATIONS COMMISSIONERS, BOARD OF 

(G. S. 143B-426.9 (4)) (Term-two years) 
By Lieutenant Governor: 7/1/85 6/30/87 

Mr. Jim Capers* 

Dr. Raymond Pennington* 
By Speaker: 

Mr. Douglas Copeland* 7/26/85 6/30/87 

Ms. Annette Bryant* 11/20/85 6/30/87 

PUBLIC TELEVISION, BOARD OF TRUSTEES UNC CENTER FOR 
—See— TELEVISION, UNC CENTER FOR PUBLIC 

RAILROAD NEGOTIATING COMMISSION 

(Ch. 792, 1985 Session Laws) (Terminates 6/30/88) 
By Lieutenant Governor: 8/16/85 

Senator Dennis Winner (Co-Chairman) 

Robert B. Jordan III (President of the Senate) 
By Speaker: 8/15/85 

Rep. John J. Hunt (Designee) (Co-Chairman) 

Rep. J. Ray Sparrow 

RETIREMENT SYSTEM, BOARD OF TRUSTEES TEACHERS' 
AND STATE EMPLOYEES' 

(G. S. 135-6(b) (4)) (Term-two years) 
By Lieutenant Governor: 7/1/85 6/30/87 

Mr. Victor E. Bell III 
By Speaker: 7/18/85 6/30/87 

Mr. Theo H. Pitt, Jr.* 

SALARY SCHEDULES FOR PUBLIC SCHOOL EMPLOYEES, LEGISLATIVE 
COMMISSION 

(Ch. 1014 Sec. 59, 1985 Session Laws) (Final Report 3/1/87) 
By Lieutenant Governor: 8/15/86 

Senator Anthony E. Rand (Co-Chairman) 

Senator Marvin Ward 

Senator Kenneth C. Royall, Jr. 

Senator Helen Rhyne Marvin 

Senator Robert Davis Warren 

Mr. Bob Lincks 
By Speaker: 8/13/86 

Rep. William T. Watkins (Co-Chairman) 

Rep. Donald M. Dawkins 

Rep. Bob Etheridge 

Rep. Bertha Holt 

Rep. Edward N. Warren . , 

Ms. Karen Garr 



♦Citizen Appointee 



1986] 



SENATE JOURNAL 



369 



Appointed Expires 

SCHOOL HEALTH ADVISORY COMMITTEE, STATE 

(G. S. 115C-81(e)(6)(c)) (Term-three years) 
By Lieutenant Governor: 8/29/85 6/30/88 

Mrs. Carolyn Thornton* 
By Speaker: 7/26/84 6/30/87 

Rep. Aaron E. Fussell 

SCIENCE AND MATHEMATICS, BOARD OF TRUSTEES, 
NORTH CAROLINA SCHOOL OF 

(G. S. 116-233) 

By Lieutenant Governor: (Term-four years) 

Mr. Thomas E. Norman* 7/1/85 6/30/87 

Ms. Ruth Watkins* 7/1/85 6/30/89 

By Speaker: (Term-two years) 

Mr. David Wyatt* 7/1/85 6/30/87 

Mr. James H. Randolph III* 7/1/85 6/30/87 

SCIENCE AND TECHNOLOGY, NORTH CAROLINA BOARD OF 

(G. S. 143B-426.30) (Term-two years) 
By Lieutenant Governor: 7/1/85 6/30/87 

Mr. WilHam F. Troxler* 
By Speaker: 7/23/85 6/30/87 

Mr. Charlie Carpenter* 

SEAFOOD INDUSTRIAL PARK AUTHORITY, NORTH CAROLINA 

(G. S. 113-315.25) (Term-two years) 
By Lieutenant Governor: 7/1/85 6/30/87 

Mr. Gerald Wain Gaskill* 
By Speaker: 7/18/85 6/30/87 

Mr. Stanley Chris Payne* 

SHERIFFS' EDUCATION AND TRAINING STANDARDS COMMISSION, 
NORTH CAROLINA 

(G. S. 17E-3) (Term-two years) 
By Lieutenant Governor: 9/1/85 8/31/87 

Mr. Paul R. McCrary* 
By Speaker: 7/22/85 8/31/87 

Mr. E. Y. Ponder* 

SOUTHERN GROWTH POLICIES BOARD 

(G. S. 143-492) (Term-not specified) 
By Lieutenant Governor: 7/1/85 6/30/87 

Senator Bill Staton 

Senator Dennis Winner (Alternate) 
By Speaker: 9/3/85 6/30/87 

Rep. Daniel T. Lilley 



*Citizen Appointee 



370 SENATE JOURNAL [Second Session 

Appointed Expires 

SOUTHERN STATES ENERGY BOARD 

(G. S. 104D-2) (Term-pleasure of Appointive Authority) 
By Lieutenant Governor: 7/25/85 

Senator A. D. Guy 

Senator Richard Conder (Alternate) 
By Speaker: 9/17/85 

Rep. Joe Hackney 

STATE CONTROLLER STUDY COMMISSION 

(Ch. 792 Sec. 3, 1985 Session Laws) 
By Lieutenant Governor: 9/4/85 

Senator Kenneth C. Royall, Jr. (Co-Chairman) 

Senator T. Cass Ballenger 

Senator Richard Conder 

Senator A. D. Guy 

Senator Anthony E. Rand 
By Speaker: 8/13/85 

Rep. Joe Hackney (Co-Chairman) 

Rep. Harold J. Brubaker 

Rep. David W. Bumgardner, Jr. 

Rep. Martin Nesbitt 

Rep. James F. Richardson 

STATE GOVERNMENT COMPLEX STUDY COMMISSION 

(Ch. 792 Sec. 18, 1985 Session Laws) (Report 6/15/86) 

By Lieutenant Governor: 
Senator William D. Goldston, Jr. (Co-Chairman) . . 9/4/85 

Mr. John A. WilUams, Jr 8/16/85 

Mr. Avery C. Upchurch 9/13/85 

By Speaker: 8/27/85 

Rep. Robert L. McAlister (Co-Chairman) 
Rep. Foyle Hightower, Jr. 
Rep. Edd Nye 

STATE PARKS AND RECREATION AREAS STUDY COMMISSION 

(Ch. 792 Sec. 11, 1985 Session Laws) 
By Lieutenant Governor: 8/16/85 2/15/87 

Senator Henson Barnes (Co-Chairman) 

Senator R. P. Thomas 

Senator Dennis Winner 
By Speaker: 8/2/85 2/15/87 

Rep. N. Jim Crawford (Co-Chairman) 

Rep. James W. Crawford, Jr. 

Rep. J. Paul Tyndall 



1986] SENATE JOURNAL 371 

Appointed Expires 

STATE-OWNED PROPERTY STUDY COMMITTEE 

(Ch. 792 Sec. 14, 1985 Session Laws) 

(Ch. 1014 Sec. 194, 1985 Session Laws) 
By Lieutenant Governor: 

Mr. Tom Bradshaw* (Co-Chairman) 9/10/85 

Mr. J. P. Goforth* 8/16/85 

Mr. Henry J. Faison* 8/16/85 

Mr. Michael Weaver* 9/4/85 

(Remaining appointments not received at time of printing) 

By Speaker: 8/15/85 

Rep. C. R. Edwards (Co-Chairman) 
Rep. Charles Evans 
Rep. J. Ray Sparrow 
Rep. Ann Q. Duncan 

Rep. Ray C. Fletcher 8/13/86 

Rep. R. Samuel Hunt HI 8/13/86 

Rep. Albert S. Lineberry, Sr 8/13/86 

STUDENT LOANS, NEED-BASED, NORTH CAROLINA BOARD FOR 

(G. S. 143-47.23) (Term-four years) 
By Lieutenant Governor: 7/16/86 7/1/90 

Mr. Ralph Kimel* 

Mr. Benjamin S. Ruffm* 

Dr. Darrell A. Trull* 
By Speaker: 7/16/86 7/1/90 

Mrs. Lynda Cowan* 

Dr. James Colson* 

Mr. David Wyatt* 

TEACHER PREPARATION, TASK FORCE TO STUDY 

(Ch. 479 Sec. 72, 1985 Session Laws) (Final Report 1/15/87) 
By Lieutenant Governor: 10/30/85 

Senator Marvin Ward 
By Speaker: 9/10/85 

Rep. Edward N. Warren 

TEACHERS' AND STATE EMPLOYEES' COMPREHENSIVE MAJOR MEDICAL 
—see MAJOR MEDICAL, BOARD OF TRUSTEES 

TEACHERS' AND STATE EMPLOYEES' RETIREMENT SYSTEM 

RETIREMENT SYSTEM, TEACHERS' AND STATE EMPLOYEES' 



TEACHING, NORTH CAROLINA CENTER FOR THE ADVANCEMENT OF 

(Chapter 479 Sec. 74 and Chapter 770, 1985 Session Laws) (Term-four years) 
By Lieutenant Governor: 7/1/85 6/30/89 

Ms. Sarah Himan* 

Dr. Pam Mayer* 7/16/86 

By Speaker: 7/25/85 6/30/89 

Dr. H. F. Robinson* 

Mr. Charles C. McConnell* 



*Citizen Appointee 



372 



SENATE JOURNAL 



[Second Session 



Appointed Expires 

TEACHING FELLOWS COMMISSION, NORTH CAROLINA 

(G. S. 115C-363.22) (Term-four years) 
By Lieutenant Governor: 7/16/86 7/1/90 

Mr. Thomas W. Lambeth* (Chairman) 

Ms. Gladys Graves* 

Dr. Kenneth R. Newbold* 

Dr. Leroy T. Walker* 
By Speaker: 7/16/86 7/1/90 

Mrs. Marydell R. Bright* 

Dr. William Joe Cowan* 

Dr. Benn D. Quinn* 

TECHNOLOGICAL DEVELOPMENT AUTHORITY, NORTH CAROLINA 

(G. S. 143B-471.1) 
By Lieutenant Governor: (Term-four years) 

Mr. Tom Dillon* 11/8/85 6/30/87 

Mr. Donavan Phillips* 8/26/83 6/30/87 

By Speaker: (Term-two years) 8/29/83 6/30/85 

Dr. William T. Byrd* 

Dr. Aaron Hyatt* 

TELEVISION, UNC CENTER FOR PUBLIC— BOARD OF TRUSTEES 

(G. S. 116-37.1) (Term-two years) 
By Lieutenant Governor: 7/1/85 6/30/87 

Ms. Marsha A. VanHecke* 
By Speaker: 1/21/86 6/30/87 

Ms. Mona Moore* 

THOMS REHABILITATION HOSPITAL, BOARD OF TRUSTEES 

(Article II, Sec. 1 — By-laws Thoms Rehab. Hospital) (Term-two years) 
By Lieutenant Governor: 8/29/85 1/1/87 

Senator Charles W. Hipps 

Senator Robert S. Swain 
By Speaker: 5/1/85 12/31/86 

Rep. N. J. Crawford 

Rep. Ray C. Fletcher 

TRANSPORTATION, BOARD OF 

(G. S. 143B-350 (d)) (Term-two years) 
By Lieutenant Governor: 7/1/85 6/30/87 

Mr. James B. Garrison* 
By Speaker: 7/18/85 6/30/87 

Mr. Joe H. Palmer* 



^Citizen Appointee 



1986] SENATE JOURNAL 373 

Appointed Expires 

TRANSPORTATION, JOINT SPECIAL COMMITTEE TO STUDY THE 
DEPARTMENT OF 

(Res. 49, 1983 Session Laws) 
(Ch. 792 Sec. 16, 1985 Session Laws) 
By Lieutenant Governor: 8/16/85 1/1/87 

Senator Robert D. Warren (Co-Chairman)— 9/10/85 

Senator Marc Basnight 

Senator William D. Goldston, Jr. 

Senator OUie Harris 

Senator David R. Parnell 

Senator Paul Smith 

Senator Joseph Thomas 
By Speaker: 8/22/85 1/1/87 

Rep. Allen C. Barbee (Co-Chairman) 

Rep. Charles M. Beall 

Rep. John Brown 

Rep. David W. Bumgardner, Jr. 

Rep. Howard B. Chapin 

Rep. Marie Colton 

Rep. Jeff H. Enloe, Jr. 

UTILITY REVIEW COMMITTEE, JOINT LEGISLATIVE 

(G. S. 120-70) (Term-Pleasure of appointive authority from seated membership) 
By Lieutenant Governor: 

Senator Joseph E. Johnson (Co-Chairman) 

Senator Harold W. Hardison 2/28/85 

Senator J.J. Harrington 
By Speaker: 9/3/85 

Rep. David W. Bumgardner, Jr. 

Rep. Josephus L. Mavretic 

Rep. George W. Miller, Jr. (Co-Chairman) 

VAGABOND SCHOOL OF DRAMA, INC. AND FLATROCK PLAYHOUSE, 
BOARD OF TRUSTEES 

(School By-laws/Art. II, Sec. 1) (Term-two years) 
By Lieutenant Governor: 4/1/85 4/1/87 

Senator Robert S. Swain 

Senator Charles W, Hipps 
By Speaker: 2/15/85 2/1/87 

Rep. Marie Watters Colton 

Rep. Narvel Jim Crawford 

VETERINARY MEDICAL BOARD, NORTH CAROLINA 

(G. S. 90-182) (Term-five years) 
By Lieutenant Governor: 

Dr. Ronald Williams* 7/30/86 7/1/91 

By Speaker: 

Dr. Joseph Robert Nesbitt* 7/14/82 6/30/87 



*Citizen Appointee 



374 SENATE JOURNAL [Second Session 

Appointed Expires 

WASTE MANAGEMENT BOARD, GOVERNOR'S 

(G. S. 143B-216.12) (Term-two years) 
By Lieutenant Governor: 

Mr. William L. Lewis* 7/1/85 6/30/87 

By Speaker: 

Mr. William E. Holman* 7/18/85 6/30/87 

WASTE AND POLLUTANT REGULATION— see HAZARDOUS WASTE 

WILDLIFE RESOURCES COMMISSION 

(G. S. 143-240) (Term-two years) 
By Lieutenant Governor: 7/1/85 6/30/87 

Dr. Richard W. Adams* 
By Speaker: 7/22/85 6/30/87 

Mr. Donald Allen Thompson* 

APPOINTMENT 

SELECT COMMITTEE ON THE APPROPRIATIONS PROCESS 

On July 31, 1985, following adjournment of the First Session of the 1985 General 
Assembly, the President of the Senate appointed the Select Committee on the Appropria- 
tions Process. His appointment letter is as follows: 

As you know, I have been concerned about various aspects of the appropriations 
process as they have evolved over the past several sessions. Therefore, in accordance with 
Senate Rule 31(a), I appoint you as a member of the Select Committee on the Appropria- 
tions Process. Members of the committee are: 
Senator Aaron Plyler, Chairman Senator Tony Rand 

Senator Harold Hardison Senator Kenneth Royall 

Senator Russell Walker Senator David Parnell 

Senator Joe Thomas Senator Bob Warren 

Senator Wilma Woodard Senator Marvin Ward 

The Select Committee on the Appropriations Process is charged with the following 
duties: 

(1) Examining the practice of including substantive legislation in appropriations bills, 
and recommending either legislation or an amendment to the Senate Rules to regulate, 
restrict, or prohibit this practice; and 

(2) Examining the process of making special appropriations for local projects, and 
recommending either legislation or an amendment to the Senate rules that would provide 
for an orderly and equitable process. Such examination should include but is not hmited to: 

a. A minimum dollar amount for each appropriation, so as to reduce paperwork and 
enable the process to operate more smoothly and with adequate opportunity for scrutiny 
of requests for special appropriations for local projects; 

b. The elimination of the omnibus appropriations bill for local projects; and 

c. The eUmination of special appropriations for local projects. 

In accordance with Section 2 of Resolution 34, Session Laws of 1985, the Select 
Committee on the Appropriations Process may meet during the interim prior to reconven- 
ing of the 1985 Regular Session of the General Assembly, and may recommend matters for 
consideration at the 1986 Session. 



♦Citizen Appointee 



1986] SENATE JOURNAL 375 

APPOINTMENTS 

SHARED BY 

THE SENATE PRESIDENT PRO TEMPORE 

AND 

THE SPEAKER OF THE HOUSE OF REPRESENTATIVES 

The following appointments to Boards, Commissions and Committees were made 
during 1985 and 1986 by the Honorable J. J. Harrington, President Pro Tempore of the 
Senate and by the Honorable Liston B. Ramsey, Speaker of the House of Representa- 
tives: 

Chapters 790, 792, 856, 1026, 1029 and 1032, 1985 Session Laws, were enacted in 
compUance with G. S. 120-121 which outlines the procedure for legislative appointments. 
The filling of vacancies occurring in legislative appointments is addressed in Chapter 752, 
1985 Session Laws. Various Boards and Commissions are abolished by Chapter 1028, 1985 
Session Laws. 

Appointments prior to 1985 were made by a former President Pro Tempore but remain 
effective. 

Appointed Expires 

CAFETERIA STYLE BENEFITS STUDY COMMISSION 

(Ch. 792 Sec. 15, 1985 Session Laws) 
By President Pro Tempore: 9/26/85 

Senator Lura Tally (Co-Chairman) 

Senator Helen Rhyne Marvin 

Senator Weldon R. Price 

Senator James D. Speed 

Senator Marvin Ward 

Mr. Durwood F. Gunnells HI* 

Ms. Verla C. Insko* 
By Speaker: 8/26/85 

Rep. Ray Fletcher (Co-Chairman) 

Rep. Anne Barnes 

Rep. Charles M. Beall 

Rep. Jeff Enloe 

Rep. Margaret Stamey 

Mr. R. J. Childress* 

Mrs. Mary L. Jarrell* 

CHEROKEE/EASTERN BAND, NORTH CAROLINA 
ADVISORY COUNCIL ON 

(G. S. 143.411.1) (Term-two years) 
By President Pro Tempore: 8/30/84 6/30/86 

Senator R. P. Thomas 
By Speaker: 7/25/84 6/30/86 

Rep. Robert C. Hunter 



♦Citizen Appointee 



376 



SENATE JOURNAL 



[Second Session 



Appointed Expires 

GOVERNMENTAL OPERATIONS, JOINT LEGISLATIVE COMMISSION 

(G. S. 120-74) 

By President Pro Tempore: 2/13/85 1/15/87 

Senator Harold Hardison 
Senator Charles W. Hipps 
Senator Aaron W. Plyler 
Senator Anthony E. Rand 

Senator Jospeh E. Thomas 7/24/85 

Senator Russell G. Walker 7/24/85 

Senator Marvin Ward 7/24/85 

Senator Wilma Woodard 7/24/85 

By Speaker: 2/12/85 1/15/87 

Rep. Gerald Anderson 8/1/85 

Rep. Bob Etheridge 2/12/85 

Rep. Bertha Holt 9/17/85 

Rep. Robert C. Hunter 8/1/85 

Rep. H. M. Michaux 8/1/85 

Rep. Martin L. Nesbitt, Jr 2/12/85 

Rep. Edd Nye 1/15/86 

Rep. Margaret Stamey 8/1/85 

Rep. William T. Watkins 2/12/85 

Ex-Officio— 

Senate: 
President-Co-Chairman (Lt. Governor Robert B. Jordan IH) 
President Pro Tempore (Senator J. J. Harrington) 
Majority Leader (Senator Kenneth C. Royall, Jr.) 

House of Representatives: 
Speaker-Co-Chairman (Rep. Listen B. Ramsey) 
Speaker Pro Tempore (Rep. John J. Hunt) 

LEGISLATIVE RESEARCH COMMISSION 

(G. S. 120-30.11) (Term-Expires December 15, Even-Numbered Years) 
By President Pro Tempore: 8/22/85 12/15/86 

Senator Henson P. Barnes 

Senator A. D. Guy 

Senator OUie Harris 

Senator Robert D. Warren 

Senator Lura Tally 
By Speaker: 7/31/85 12/15/86 

Rep. Chris S. Barker, Jr. 

Rep. John T. Church 

Rep. Bruce Ethridge 

Rep. Aaron E. Fussell 

Rep. Barney P. Woodard 9/19/85 



1986] SENATE JOURNAL 377 

Appointed Expires 

COMMITTEES— of Legislative Research Commission 

Adolescent Pregnancy and Premature Births 

HB 2141-Ch. 1032, 1985 Session Laws 
By President Pro Tempore: 9/10/86 

Senator Wanda H. Hunt (Co-Chairman) 

Senator Ralph A. Hunt 

Mr. F. James Boehm* 

Ms. Ann Frazier* 

Mr. Joseph M. Parker* 
By Speaker: 9/10/86 

Rep. Luther R. Jeralds (Co-Chairman) 

Rep. Marie Colton 

Rep. Charles L. Cromer 

Rep. Margaret Stamey 

Ms. Hettie L. Garland* 

Adolescent Sexuality Training 

SB 636-Ch. 790, 1985 Session Laws 
By President Pro Tempore: 10/14/85 

Senator Weldon R. Price (Co-Chairman) 

Senator Wendell H. Sawyer 

Senator Thomas F. Taft 

Mr. John Maye* 

Dr. Frank Gearing* 
By Speaker: 10/3/85 

Rep. Luther R. Jeralds (Co-Chairman) 

Rep. Daniel H. DeVane 

Rep. Donald M. Dawkins 

Rep. Jo Graham Foster 

Rep. Doris R. Huffman 

Aging, Problems of the 

HJR 533-Res. 86 (1977 Session Laws) 
HJR 68-Res. 62 (1979 Session Laws) 
HJR 1292-Res. 61 (1981 Session Laws) 
HJR 44 and SJR 16 see Ch. 905 (1983 Session Laws) 
HJR 322 see Ch. 790 (1985 Session Laws) 
By President Pro Tempore: 10/14/85 

Senator Wanda Hunt (Co-Chairman) 

Senator Ollie Harris 

Senator Russell Walker 

Senator Marvin Ward 

Mr. Daniel Mosca* 
By Speaker: 10/7/85 

Rep. Sidney A. Locks (Co-Chairman) 

Rep. Betty H. Wiser 

Rep. Barney P. Woodard 

Mr. Ernest B. Messer* 

Mr. Joseph Pell* 



*Citizen Appointee 



378 SENATE JOURNAL [Second Session 

Appointed Expires 

COMMITTEES— of Legislative Research Commission 

Bail Bondsmen and Bail Bond Forfeiture 

SB 636-Ch. 790, 1985 Session Laws 
By President Pro Tempore: 10/14/85 

Senator Dennis Winner (Co-Chairman) 

Senator T. Cass Ballenger 

Senator Anthony E. Rand 

Judge J. William Copeland* 

Mr. Charles A, Paxton* 
By Speaker: 10/3/85 

Rep. Harry E. Payne, Jr. (Co-Chairman) 

Rep. Gerald Anderson 

Rep. Howard C. Barnhill 

Rep. J. Fred Bowman 

Rep. Jonathan L. Rhyne, Jr. 

Campaign and Elections Procedures 

HB 2141-Ch. 1032, 1985 Session Laws 
By President Pro Tempore: 9/5/86 

Senator William N. Martin (Co-Chairman) 

Senator Laurence A. Cobb 

Senator J. Richard Conder 

Dr. Melvin Broadnax* 

Prof. David Olson* 
By Speaker: 9/15/86 . 

Rep. Robert C. Hunter (Co-Chairman) 

Rep. James W. Crawford, Jr. 

Rep. Annie Brown Kennedy 

Rep. George Miller 

Mr. Carl J. Stewart, Jr.* 

Child Abuse Testimony and Child Protection 

SB 636-Ch. 790, 1985 Session Laws 
By President Pro Tempore: 10/14/85 

Senator Charles W. Hipps (Co-Chairman) 

Senator Lura Tally 

Senator Robert S. Swain 

Senator Robert D. Warren 

Mrs. Sarah Jordan* 

Mrs. Sidney Stem, Jr.* 
By Speaker: 10/3/85 / 

Rep. Daniel H. DeVane (Co-Chairman) 

Rep. Ann Barnes 10/11/85 

Rep. Marie W. Colton 

Rep. Joe Hackney , 

Rep. Margaret Keesee-Forrester 

Rep. E. David Redwine 



*Citizen Appointee 



1986] SENATE JOURNAL 379 

Appointed Expires 

COMMITTEES— of Legislative Research Commission 

Child Support 

SB 636-Ch. 790, 1985 Session Laws 
By President Pro Tempore: 10/14/85 

Senator Helen Rhyne Marvin (Co-Chairman) 

Senator Henson P. Barnes 

Senator Marvin Ward 

Ms. Bobby Robinson* 

Mr. Rankin Whittington* 
By Speaker: 10/3/85 

Rep. Ruth Easterling (Co-Chairman) 

Rep. Daniel H. DeVane 

Rep. Alexander M. Hall 

Rep. Lois S. Walker 

Rep. Richard Wright 

Coastal Water Quality 

HB 2055-Ch. 1014 Sec. 152, 1985 Session Laws 
(see page 514) 

Community Service Alternative Punishment and Restitution and 
Inmate Work Release 

SB 636-Ch. 790, 1985 Session Laws 
By President Pro Tempore: 10/14/85 

Senator Robert S. Swain (Co-Chairman) 

Senator Henson P. Barnes 

Senator Helen Rhyne Marvin 

Senator James D. Speed 

Mr. Larry Barnes* 
By Speaker: 10/3/85 

Rep. George W. Brannan (Co-Chairman) 

Rep. C. R. Edwards 

Rep. Joe H. Hege, Jr. 

Rep. Betty H. Wiser 

Rep. Charles D. Woodard 

County Commissioners Authority Over Local Boards 

SB 636-Ch. 790, 1985 Session Laws 
By President Pro Tempore: 10/14/85 

Senator R. L. Martin (Co-Chairman) 

Senator Marc Basnight 

Senator Weldon R. Price 

Senator Robert D. Warren 

Mr. Levy Goodrich, Jr.* 
By Speaker: 10/3/85 

Rep. W. Casper Holroyd, Jr. (Co-Chairman) 

Rep. Howard C. Barnhill 10/7/85 

Rep. Robert Brawley 

Rep. Gordon H. Greenwood 

Rep. W. Paul Pulley, Jr. 



*Citizen Appointee 



380 SENATE JOURNAL [Second Session 

Appointed Expires 

COMMITTEES— of Legislative Research Commission 

Haw River and Jordan Reservoir — Water Quality , 

SB 636-Ch. 790, 1985 Session Laws 
By President Pro Tempore: 10/14/85 . 

Senator Russell Walker (Co-Chairman) 

Senator Timothy H. McDowell 

Senator Joseph E. Thomas 

Mr. James R. Oliver* i 

Mr. Charles E. Webb* 
By Speaker: 10/3/85 

Rep. Joe Hackney (Co-Chairman) 

Rep. Ruth Easterling 

Rep. Ray C. Fletcher 

Rep. Bertha M. Holt 

Rep. Timothy N. Tallent 

High-Level Radioactive Waste Disposal i 

SB 636-Ch. 790, 1985 Session Laws 
By President Pro Tempore: 10/14/85 

Senator Charles W. Hipps (Co-Chairman) 

Senator Harold W. Hardison • r 

Senator David R. Pamell 

Senator James D. Speed 2/11/86 

Senator Lura Tally 

Dr. Thomas Elleman* 
By Speaker: 10/4/85 

Rep. Gerald Anderson (Co-Chairman) 

Rep. David Diamont 

Rep. Theresa H. Esposito 

Rep. Milton F. Fitch, Jr. 

Rep. Daniel Lilley 10/7/85 

Rep. N. Jim Crawford 2/12/86 

Inmate Substance Abuse Therapy Program 

SB 636-Ch. 790, 1985 Session Laws 
By President Pro Tempore: 10/14/85 

Senator Aaron W. Plyler (Co-Chairman) 

Senator Ollie Harris 

Senator R. C. Soles, Jr. ' 

Senator Melvin L. Watt 

Mr. F. O'Neil Jones* 
By Speaker: 10/3/85 

Rep. Bertha Holt (Co-Chairman) 

Rep. R. D. Beard 

Rep. N. J. Crawford, Jr. 

Rep. Milton F. Fitch, Jr. 

Rep. Gerald B. Hurst 



♦Citizen Appointee 



1986] SENATE JOURNAL 381 

Appointed Expires 

COMMITTEES— of Legislative Research Commission 

Interest Rate Regulation 

SB 636-Ch. 790, 1985 Session Laws 
By President Pro Tempore: 10/14/85 

Senator Joseph E. Johnson (Co-Chairman) 

Senator A. D. Guy 

Senator Harold W. Hardison 

Senator Wilma C. Woodard 

Mr. W. Craig Lawing* 
By Speaker: 10/8/85 

Rep. Charles Evans (Co-Chairman) 

Rep. Milton F. Fitch, Jr. 

Rep. John B. McLaughlin 

Rep. Dennis A. Wicker 

Mr. Gerald W. Witherspoon* 

Itinerant Merchants 

SB 636-Ch. 790, 1985 Session Laws 
By President Pro Tempore: 10/14/85 

Senator James E. Ezzell, Jr. (Co-Chairman 7/9/86) 

Senator Ralph A. Hunt 

Senator Robert G. Shaw 

Senator William W. Staton 

Mr. Stacy G. Moore* 
By Speaker: 10/8/85 

Rep. Charles Beall (Co-Chairman 12/13/85) 

Rep. Gerald Anderson 

Rep. Sam Hunt 12/13/85 

Rep. James M. Craven 

Rep. Herman C. Gist 

Legislative Ethics and Lobbying 

SB 636-Ch. 790, 1985 Session Laws 
By President Pro Tempore: 10/14/85 

Senator Marshall A. Rauch (Co-Chairman) 

Senator William W. Redman, Jr. 

Senator Russell G. Walker 

Senator Dennis Winner 

Mr. Sam Johnson* 
By Speaker: 10/8/85 

Rep. Annie Brown Kennedy (Co-Chairman) 

Rep. Austin AUran 

Rep. Casper Holroyd, Jr. 

Rep. Larry T. Justus 

Rep. J. Paul Tyndall 



*Citizen Appointee 



382 SENATE JOURNAL [Second Session 

Appointed Expires 

COMMITTEES— of Legislative Research Commission 

Life Care Arrangements , 

SB 636-Ch. 790, 1985 Session Laws 
By President Pro Tempore: 10/14/85 , , ^ 

Senator James D. Speed (Co-Chairman) 

Senator Wanda Hunt 

Senator Franklin E. Williams, Sr, , 

Ms. Gail Hardy-Russ* 

Ms. Anne H. Williams* 
By Speaker: 10/7/85 

Rep. Charles D. Woodard (Co-Chairman) 

Rep. J. Fred Bowman 

Rep. Ann Q. Duncan 

Rep. Herman Gist 

Rep. Richard Wright 

Local Government Financing 

SB 636-Ch. 790, 1985 Session Laws 

By President Pro Tempore: 10/14/85 

Senator Marshall A. Rauch (Co-Chairman) 
Senator J. Richard Conder 
Senator R. L. Martin 
Mr. Charles H. Edwards* 
Mr. Harvey Gant* 

By Speaker: 10/8/85 

Rep. Walter B. Jones, Jr. (Co-Chairman) 
Rep. Bruce Ethridge 
Rep. Vernon G. James 
Rep. Daniel T. Lilley 
Mr. A. P. Carlton, Jr.* 

Long-Term Health Care Insurance 

SB 636-Ch. 790, 1985 Session Laws 
By President Pro Tempore: 10/14/85 ■ 

Senator David R. Parnell (Co-Chairman) 

Senator Joseph E. Johnson 

Senator Donald R. Kincaid . 

Senator R. C. Soles, Jr. 

Mr. JohnT. Henley* 
By Speaker: 10/7/85 

Rep. J. Paul Tyndall (Co-Chairman) 

Rep. Betty H. Wiser 

Rep. Stephen Wood 

Rep. Charles B. Woodard 

Mr. Ernest B. Messer* 



^Citizen Appointee 



1986] SENATE JOURNAL 383 

Appointed Expires 

COMMITTEES— of Legislative Research Commission 

Low-Level Radioactive Waste Regulation 

HB 2141-Ch. 1032, 1985 Session Laws 
(see page 514) 

Manufactured Housing Zoning 

SB 636-Ch. 790, 1985 Session Laws 
By President Pro Tempore: 10/14/85 

Senator Aaron W. Plyler (Co-Chairman) 

Senator J. Richard Conder 

Senator William D. Goldston, Jr. 

Senator James C. Johnson, Jr. 

Professor Randall Thompson* 11/5/85 

By Speaker: 10/8/85 

Rep. Frank W. Ballance, Jr. (Co-Chairman) 

Rep. Charles Buchanan 

Rep. N. J. Crawford 

Rep. J. Paul Tyndall 

Mrs. Mickey Hanula* 

Mental Patient Commitments 

SB 636-Ch. 790, 1985 Session Laws 
By President Pro Tempore: 10/14/85 

Senator Ollie Harris (Co-Chairman) 

Senator Kenneth C. Royall, Jr. 

Senator Daniel R. Simpson 

Judge Cecil J. Hill* 

Mr. Gerald L. Niece* 
By Speaker: 10/3/85 

Rep. George W. Miller, Jr. (Co-Chairman) 

Rep. C. Melvin Creecy 

Rep. Charlotte A. Gardner 

Rep. Albert S. Lineberry 

Rep. Dennis A. Wicker 

Municipal Incorporations 

SB 636-Ch. 790, 1985 Session Laws 
By President Pro Tempore: 10/14/85 

Senator James E. Ezzell, Jr. (Co-Chairman) 

Senator Helen R. Marvin 

Senator Aaron W. Plyler 

Senator Kenneth C. Royall, Jr. 

Mr. Elmer Jenkins* 
By Speaker: 10/8/85 

Rep. Gordon H. Greenwood (Co-Chairman) 

Rep. Ray C. Fletcher 

Rep. Edith L. Lutz 

Rep. Dwight W. Quinn 

Rep. George S. Robinson 



*Citizen Appointee 



\ 



384 SENATE JOURNAL [Second Session j 

Appointed Expires 

COMMITTEES— of Legislative Research Commission 

Outdoor Advertising 

SB 636-Ch. 790, 1985 Session Laws 
By President Pro Tempore: 10/14/85 j 

Senator R. P. Thomas (Co-Chairman) 1 

Senator Wanda Hunt 

Senator Ralph Hunt 

Senator R. L. Martin 

Mr. James W. Cash* 
By Speaker: 10/8/85 

Rep. Charles M. Beall (Co-Chairman) 

Rep. L. M. Brinkley 

Rep. E. David Redwine 

Rep. J. Ray Sparrow 

Rep. L. P. Spoon 

Premium Tax Rate on Insurance Companies 

SB 636-Ch. 790, 1985 Session Laws 
By President Pro Tempore: 10/14/85 

Senator Harold W. Hardison (Co-Chairman) 

Senator Joseph E. Johnson 

Senator James D. McDuffie 

Senator Anthony E. Rand 

Mr. Robert A. Tart* 
By Speaker: 10/3/85 

Rep. W. Paul Pulley, Jr. (Co-Chairman) 

Rep. Herman C. Gist 

Rep. Marshall Hall 

Rep. Joe R. Hudson 

Rep. Charles D. Owens 

Preventative Medicine 

SB 63&-Ch. 790, 1985 Session Laws 
By President Pro Tempore: 10/14/85 

Senator William N. Martin (Co-Chairman) 

Senator A. D. Guy 

Senator Weldon R. Price 

Dr. Joe Holliday* 11/5/85 

Dr. Louis M. Smith* 
By Speaker: 10/7/85 

Rep. Jeff H. Enloe, Jr. (Co-Chairman) 

Rep. Walter B. Jones, Jr. 

Rep. Bradford D. Ligon 

Rep. Sidney A. Locks 

Rep. James F. Richardson 



^Citizen Appointee 



1986] SENATE JOURNAL 385 

Appointed Expires 

COMMITTEES— of Legislative Research Commission 

Rental Referral Agencies 

SB 636-Ch. 790, 1985 Session Laws 
By President Pro Tempore: 10/14/85 

Senator William W. Staton (Co-Chairman) 

Senator James E. Ezzell, Jr. 

Senator David R. Parnell 

Senator Robert V. Somers 

Senator Melvin L. Watt 
By Speaker: 10/8/85 

Rep, Daniel T. Blue, Jr. (Co-Chairman) 

Rep. Howard C. Barnhill 

Rep. Ruth Easterling 

Rep. Bruce Ethridge 

Rep. George M. Holmes 

Revenue Laws 

SB 636-Ch. 790, 1985 Session Laws 
By President Pro Tempore: 10/14/85 

Senator A. D. Guy (Co-Chairman) 

Senator R. P. Thomas 

Senator William W. Staton 

Senator Dennis Winner 

Mr. Curtis Thompson* 
By Speaker: 10/3/85 

Rep. Daniel T. Lilley (Co-Chairman) 

Rep. Daniel T. Blue, Jr. 

Rep. Harold J. Brubaker 

Rep. John C. Hasty 

Rep. Richard Wright 

School Discipline 

SB 636-Ch. 790, 1985 Session Laws 

By President Pro Tempore: 10/14/85 

Senator Marvin Ward (Co-Chairman) 
Senator William N. Martin 

Senator Russell G. Walker 2/6/86 

Mrs. Coy Brewer* 
Mr. John Dornan* 

By Speaker: 10/3/85 

Rep. Marie W. Colton (Co-Chairman) 
Rep. Betsy L. Cochrane 
Rep. Coy C. Privette 
Rep. Charles D. Woodard 
Rep. Richard Wright 



*Citizen Appointee 



386 SENATE JOURNAL [Second Session 

Appointed Expires 

COMMITTEES— of Legislative Research Commission 

School Finance Act 

SB 636-Ch. 790, 1985 Session Laws 
By President Pro Tempore: 10/14/85 ^ 

Senator Robert D. Warren (Co-Chairman) 

Senator Harold W. Hardison 

Senator Thomas F. Taft 

Mr. Dallas L. Alford* : 

Mrs. Earl Bonner* 
By Speaker: 10/3/85 

Rep. Joe R. Hudson (Co-Chairman) 

Rep. Richard E. Chalk 

Rep. David H. Diamont 

Rep. H. M. Michaux 

Rep. Wendell H. Murphy 

State Infrastructure Needs 

SB 636-Ch. 790, 1985 Session Laws 
By President Pro Tempore: 10/14/85 

Senator Kenneth C. Royall, Jr. (Co-Chairman) 

Senator Marc Basnight 

Senator William N. Martin 

Senator Thomas F. Taft 

Mr. Tom Bradshaw* 
By Speaker: 10/8/85 

Rep. Foyle Hightower, Jr. (Co-Chairman) 

Rep. Albert S. Lineberry, Sr. 

Rep. Harry E. Payne, Jr. 

Rep. J. Ray Sparrow 

Rep. Dennis Wicker 

State Investments with South Africa 

SB 636-Ch. 790, 1985 Session Laws 
By President Pro Tempore: 10/14/85 

Senator J. Richard Conder (Co-Chairman) 

Senator Ted Kaplan 

Senator William N. Martin 

Mr. J. J. Sansom* 11/5/85 

Mr. Bobby Porter* 
By Speaker: 10/8/85 

Rep. H. M. Michaux, Jr. (Co-Chairman) 

Rep. Jo Graham Foster 

Rep. Vernon G. James 

Rep. David J. Noles 

Rep. Barney Paul Woodard 



*Citizen Appointee 



1986] SENATE JOURNAL 387 

Appointed Expires 

COMMITTEES— of Legislative Research Commission 

State Personnel System 

SB 636-Ch. 790, 1985 Session Laws 
By President Pro Tempore: 10/14/85 

Senator William W. Staton (Co-Chairman) 

Senator Marc Basnight 

Senator William W. Redman, Jr. 

Mr. Emmett Burden* 

Mr. Glenn Weingarth* 
By Speaker: 10/9/85 

Rep. Margaret Stamey (Co-Chairman) 

Rep. James Hughes 

Rep. James F. Richardson 

Rep. Betty H. Wiser 

Rep. Edward N. Warren 

Stun Guns 

SB 636-Ch. 790, 1985 Session Laws 
By President Pro Tempore: 10/14/85 

Senator Timothy McDowell (Co-Chairman) 

Senator Laurence A. Cobb 

Senator Ralph Hunt 

Senator Robert D. Warren 

Mr. William C. Bailey* 
By Speaker: 10/3/85 

Rep. R. D. Beard (Co-Chairman) 

Rep. L. M. Brinkley 

Rep. J. Fred Bowman 

Rep. Annie Brown Kennedy 

Rep. John B. McLaughlin 

Superintendent of DPI/State Board of Education 

SB 63&-Ch. 790, 1985 Session Laws 
By President Pro Tempore: 10/14/85 

Senator Robert D. Warren (Co-Chairman) 

Senator Henson P. Barnes 

Senator Wilham N. Martin 

Senator Anthony E. Rand 

Dr. Parker Chesson* 
By Speaker: 10/3/85 

Rep. Edward N. Warren (Co-Chairman) 

Rep. Betsy L. Cochrane 

Rep. David H. Diamont 

Rep. Robert C. Hunter 

Rep. Edd Nye 



*Citizen Appointee 



388 SENATE JOURNAL [Second Session 

Appointed Expires 

COMMITTEES— of Legislative Research Commission 

Transportation Matters/Roads Act Provisions ' 

HB 2141-Ch. 1032, 1985 Session Laws 
(Not appointed at time of printing.) 

Underground Storage Tanks/Groundwater HazardsAVater Pollution 

SB 636-Ch. 790, 1985 Session Laws 
By President Pro Tempore: 10/14/85 

Senator Thomas F. Taft (Co-Chairman) 

Senator Paul S. Smith 

Senator James D. Speed 

Senator William W. Staton 

Ms. Nancy Roberts Stallings* 
By Speaker: 10/3/85 

Rep. Wendell H. Murphy (Co-Chairman) 

Rep. Charles D. Evans 

Rep. Aaron E. Fussell 

Rep. Sidney A. Locks 

Rep. Frank J. Sizemore III 

Uniform System of Voting Machines 

HB 2141-Ch. 1032, 1985 Session Laws 
(see page 514) 

Used Tire and Waste Oil Disposal 

HB 2141-Ch. 1032, 1985 Session Laws 
(see page 514) ? 

Veterans Cemetery 

HB 2141-Ch. 1032, 1985 Session Laws 
(see page 514) 

LEGISLATIVE SERVICES COMMISSION 

(G. S. 120-31) (Term-coincides with Legislative term) 
By President Pro Tempore: 3/25/85 

Senator Ollie Harris 

Senator David R. Parnell 

Senator Aaron W. Plyler 

Senator Kenneth C. Royall, Jr. 

Senator William W. Staton 3/26/85 

Senator Robert S. Swain 
By Speaker: 8/1/85 

Rep. Allen C. Barbee 

Rep, Dan Blue, Jr. 

Rep. Charles D. Evans 

Rep. Foyle Hightower, Jr. 

Rep. John J. Hunt 

Rep. William T. Watkins 



* Citizen Appointee 



1986] SENATE JOURNAL 

Appointed 

MANUFACTURED HOUSING BOARD 

(G. S. 143-143.10) 

By President Pro Tempore: 7/21/83 

(Term-three years) 

Ms. Dorothy G. Campbell* 

Ms. Becky G. Dobbins* 

(Reappointed) 10/1/86 

Mr. Clyde Lawson 10/1/86 

By Speaker: 10/1/85 

(Term-two years) 

Mr. Ken Johnson* 

Mr. Douglas Goines* 

PRIVATE PROTECTIVE SERVICES BOARD 

(G. S. 74C-4(b)) (Term-three years) 

By President Pro Tempore: 7/1/86 

Mr. James H. Edwards* 
(Speaker's appointments listed with Lieutenant Governor's) 



389 



Expires 



9/30/86 



9/30/89 
9/30/89 

9/30/87 



6/30/88 



NATIONAL CONFERENCE OF STATE LEGISLATURES 
STANDING COMMITTEES 

(see Alphabetical Index — Appointments) 



SOUTHERN LEGISLATIVE CONFERENCE 

OF 
THE COUNCIL OF STATE GOVERNMENTS 

(see Alphabetical Index — Appointments) 



*Citizen Appointee 



390 



SENATE JOURNAL 



[Second Session 



SENATE STAFF 



OFFICE OF THE PRESIDENT 

Lieutenant Governor 

Legislative Counsel 

Budget Advisor 

Director of Communications 

Special Assistant 

Administrative Assistants 
Constituent Affairs 
Executive 
Policy 

Staff Assistant for 
Constituent Communications 

Staff Assistants 

Office Manager 

North Carolina Commission on 
Jobs and Economic Growth 
Director 

Administrative Assistant 
Projects Coordinator 

OFFICE OF THE PRESIDENT PRO TEMPORE 

President Pro Tempore 
Administrative Assistant 



Robert B. Jordan III 
John B, McMillan 
John A. Williams, Jr. 
Brenda Summers 
Rachel Havnaer ■ ■ 

Wayne Lofton 
John Grumpier 
Laura C. Bingham 

Ellen Stainback 

Pearl J. Holland 
Betty S. Taylor 

Joan R. Hardison 



Billy Ray Hall 
Judy Britt 
Lulane Chasteen 



J. J. Harrington 
Joan R. Leatherman 



OFFICE OF THE PRINCIPAL CLERK 

Principal Clerk 
Administrative Assistant 
Calendar Clerk 
Assistant Calendar Clerks 

Journal Clerk 
Assistant Journal Clerks 



Sylvia Morris Fink 

Barbara R. Richardson 

Emma E. "Bill" Farrow 

Patricia Pleasants 
Mary Puryear 
Wendy Shull 

Mary Lee Taylor 

Mark Black 
Sandra Brown 
Paige Fink 
Patricia Massing 
Kay Parry-Hill 



READING CLERK 



LeRoy Clark, Jr. 



1986] 



SENATE JOURNAL 



391 



OFFICE OF THE SERGE ANT- AT- ARMS 

Sergeant-at-Arms 
Deputy Sergeant-at-Arms 
Assistants 



Gerda B, Pleasants 

Royster Baker 

Lucinda Coleman 
Henry Copley 
Laurie Ford 
W. H. Horton 
Becky Misner 
Jack Mueller 
John Rainey 
Jesse Rice 
John Robinson 
Mike Stout 
Laura Tomko 
Charles Willard 
Turner Williams 



SECRETARIES 

Supervisor 



Lois Brown 



Name 



Senator 



Clerk of Committee 



Komey Adams 


Warren 


Transportation 


Doris Allen 


Parnell 


Appropriations 
Justice and Public Safety 


Sybil Barnes 


Kaplan 


Elections Laws 


Jerry Batchelor 


Staton 


Judiciary H 


Becky Blankenship 


Shaw 




Dometta E. Briggs 


Winner 


Education 


Jan Cone 


Ezzell 


Local Government and 
Regional Affairs 


Kathy B. Cooke 


Price 




Hazel Cooper 


Thomas of Henderson 


Finance 


Melissa Donnell 


McDowell 


Manufacturing and Labor 


Margaret Durham 


McDuffie 




Sue Floyd 


Rauch 


Finance 


Carolyn Gooden 


Swain 


Judiciary HI 


Sharon Gregory 


Taft 




Yvonne Hall 


Sawyer 




Pamela Harris 


Somers 




Anne Hartigan 


Basnight 




Dot Holbrook 






Pat House 


Speed 


Agriculture 


Marianne Jacobi 


Tally 


Natural and Economic 
Resources and Wildlife 


Ellen Johns 


Hardison 


Commerce 


Gerry Johnson 


Redman 


Minority Leader 


Martha Jordan 


Simpson 




Ann Lambert 


Rand 


Base Budget 


Joan Leatherman 


Harrington 


Rules and Operation of 
the Senate 



392 



SENATE JOURNAL 



[Second Session 



SECRETARIES (continued) 



Name 


Senator 


Clerk of Committee 


Betty Lee 


Martin of Pitt 




Sherry Lewis 


Watt 




Sarah Long 


Smith 




Gretchen McQuillan 


Martin of Guilford 


Higher Education 


Pat Misner 


Thomas of Craven 


Appropriations 

Natural and Economic Resources 


Mamie Moore 


Hunt of Durham 




Sarah Murphy 


Conder 




Elaine Myers 


Plyler 


Appropriations 


Loraine Newsome 


Royall 


Ways and Means 
Majority Leader 


Kathryn Nisbet 


Marvin 


Pensions and Retirement 


Phyllis Porter 


Kincaid 




Janet Pruitt 


Harris 


Human Resources 


Janet Puryear 


Soles 


Judiciary IV 


Betsy Anne Reavis 


Walker 


Appropriations 
Human Resources 


Sue Robertson 


Woodard 


Appropriations 
General Government 


Sybil Ross 


Ward 


Appropriations 


._- 




Education 


Gina Rumbley 


Hipps 


Children and Youth 


Hellon Senter 






Bettie Simpkins 


Barnes 


Judiciary I 


Mary Sinclair 


Johnson of Wake 


Insurance 


Joan Spencer 


Hunt of Moore 


Senior Citizens 


Linda Stephenson 


Goldston 




Gwyn Towles 


Williams 




Lois Tyree 


Ballenger 




Carolyn Williams 


Guy 


State Government 


Nancy Wilson 


Johnson of Cabarrus 




Virginia Yates 


Cobb 





INDEX 



394 SENATE JOURNAL [Second Session 

RATIFIED BILLS — SESSION LAWS 



Chapter 


Bill No. 


Page 


Chapter 


Bill No. 


Page 


794 


H 


953 


31 


842 


S 


485 


.... 150 


795 


H 


1208 


32 


843 


S 


634 


.... 150 


796 


H 


1387 


32 


844 


H 


1483 


.... 151 


797 


S 


642 


70 


845 


H 


1492 


.... 151 


798 


H 


647 


76 


846 


H 


1525 


.... 151 


799 


H 


1811 


79 


847 


H 


1561 


.... 151 


800 


H 


611 


.... 113 


848 


H 


1576 


.... 151 


801 


H 


939 


.... 113 


849 


H 


1579 


.... 151 


802 


H 


992 


.... 113 


850 


H 


606 


.... 151 


803 


H 


1443 


.... 113 


851 


S 


1292 


.... 151 


804 


H 


1488 


.... 113 


852 


H 


1509 


.... 154 


805 


H 


1489 


.... 113 


853 


S 


904 


.... 163 


806 


H 


1508 


.... 113 


854 


S 


905 


.... 163 


807 


H 


1539 


.... 113 


855 


S 


936 


.... 163 


808 


H 


1552 


.... 113 


856 


s 


626 


.... 163 


809 


H 


1637 


.... 113 


857 


H 


672 


163 


810 


H 


1666 


.... 113 


858 


H 


1444 


163 


811 


S 


889 


.... 125 


859 


H 


1573 


163 


812 


S 


911 


.... 125 


860 


H 


1597 


163 


813 


s 


935 


.... 125 


861 


H 


1640 


163 


814 


H 


961 


.... 125 


862 


H 


2095 


163 


815 


H 


1461 


.... 125 


863 


S 


855 


163 


816 


H 


1471 


.... 125 


864 


H 


2119 


163 


817 


H 


1472 


.... 125 


865 


S 


1024 


170 


818 


H 


1540 


.... 125 


866 


H 


491 


170 


819 


H 


1447 


.... 125 


867 


H 


1496 


170 


820 


H 


1449 


.... 125 


868 


H 


1616 


170 


821 


H 


1451 


.... 125 


869 


H 


1655 


170 


822 


H 


1467 


.... 125 


870 


H 


1368 


170 


823 


H 


2080 


.... 136 


871 


S 


908 


181 


824 


H 


1428 


.... 149 


872 


S 


916 


181 


825 


H 


1446 


.... 149 


873 


s 


919 


181 


826 


H 


1452 


.... 150 


874 


s 


923 


181 


827 


H 


1465 


.... 150 


875 


s 


941 


181 


828 


H 


1469 


150 


876 


s 


944 


181 


829 


H 


1470 


150 


877 


H 


377 


181 


830 


H 


1481 


150 


878 


H 


761 


181 


831 


H 


1520 


150 


879 


H 


1476 


182 


832 


H 


1522 


150 


880 


H 


1578 


182 


833 


H 


1545 


150 


881 


H 


1584 


182 


834 


H 


1554 


150 


882 


H 


1585 


182 


835 


H 


1558 


150 


883 


H 


1587 


182 


836 


H 


1575 


150 


884 


H 


1593 


182 


837 


H 


1581 


150 


885 


H 


1598 


182 


838 


H 


1582 


150 


886 


H 


1602 


182 


839 


H 


1590 


150 


887 


H 


1611 


.... 182 


840 


H 


1615 


150 


888 


H 


1618 


.... 182 


841 


S 


438 


150 


889 


H 


1630 


.... 182 



1986] 



SENATE JOURNAL 



395 



Chapter Bill No. Page 

890 H 1631 182 

891 H 1642 182 

892 H 1646 182 

893 H 1661 182 

894 H 1678 182 

895 H 1679 182 

896 H 1693 182 

897 S 867 182 

898 H 1544 182 

899 H 2101 183 

900 H 1179 197 

901 H 1448 197 

902 H 1475 197 

903 H 1477 197 

904 H 1507 197 

905 H 1521 197 

906 H 1542 197 

907 H 1600 197 

908 H 1606 197 

909 H 1608 197 

910 H 1625 197 

911 H 1629 197 

912 H 1633 197 

913 H 1647 197 

914 H 1658 197 

915 H 1671 197 

916 H 1675 197 

917 H 1695 198 

918 H 2086 198 

919 H 2105 198 

920 S 685 198 

921 S 910 198 

922 S 931 198 

923 S 949 198 

924 S 952 198 

925 S 1273 198 

926 S 1300 198 

927 S 180 204 

928 S 879 204 

929 S 896 204 

930 S 918 205 

931 S 925 205 

932 H 170 205 

933 H 306 205 

934 H 1459 205 

935 H 1460 205 

936 H 1562 205 

937 H 1580 205 

938 H 1634 205 

939 H 1594 205 

940 H 1617 205 



Chapter Bill No. Page 

941 H 1645 205 

942 H 1653 205 

943 H 1677 205 

944 H 1691 205 

945 H 1697 205 

946 H 2092 206 

947 H 2114 206 

948 H 2133 210 

949 S 303 210 

950 S 926 211 

951 S 942 211 

952 H 759 211 

953 H 883 211 

954 H 1548 211 

955 H 1753 211 

956 H 2109 211 

957 S 893 211 

958 S 878 216 

959 S 909 216 

960 H 86 216 

961 H 952 216 

962 H 1649 216 

963 H 1676 216 

964 H 1696 216 

965 H 2019 216 

966 S 249 216 

967 S 613 216 

968 S 679 216 

969 S 948 225 

970 S 950 225 

971 H 1692 225 

972 S 73 225 

973 S 488 225 

974 S 994 225 

975 H 530 226 

976 H 648 226 

977 H 1007 226 

978 H 1690 226 

979 H 1610 226 

980 S 897 226 

981 S 1286 226 

982 S 866 229 

983 S 903 235 

984 H 2137 235 

985 S 901 235 

986 S 892 235 

987 S 922 235 

988 H 1609 236 

989 H 266 245 

990 H 578 245 

991 H 1004 245 



396 



SENATE JOURNAL 



[Second Session 



Chapter Bill No. Page Chapter 

992 H 1557 245 1013 

993 S 939 245 1014 

994 H 2138 245 1015 

995 H 2084 245 1016 

996 H 2110 245 1017 

997 H 978 245 1018 

998 S 595 252 1019 

999 H 829 252 1020 

1000 H 2081 252 1021 

1001 H 2140 252 1022 

1002 H 286 253 1023 

1003 H 1458 253 1024 

1004 H 2127 253 1025 

1005 S 906 253 1026 

1006 S 1305 253 1027 

1007 H 1445 253 1028 

1008 S 859 268 1029 

1009 H 1665 268 1030 

1010 H 810 268 1031 

1011 H 2116 268 1032 

1012 H 1970 268 



Bill No. . Page 

S 881 268 

H 2055 269 

S 846 273 

S 924 273 

S 293 273 

H 968 273 

H 2130 273 

H 2131 273 

H 1482 273 

S 1295 273 

S 1306 273 

H 2136 273 

H 1190 307 

H 2107 307 

S 873 307 

S 726 307 

S 1294 307 

S 1301 307 

H 2103 307 

H 2141 307 



1986] SENATE JOURNAL 

RATIFIED RESOLUTIONS 



Res. 



Res. No. 



35 


S 


1180 


36 


H 


1442 


37 


H 


1462 


38 


H 


1529 


39 


H 


1605 


40 


H 


1746 


41 


H 


1624 


42 


H 


1735 


43 


H 


1635 


44 


H 


1845 


45 


H 


2041 


46 


S 


992 


47 


H 


2118 



Page 


Res. 


Res. 


No. 


83 


48 


S 


934 


89 


49 


H 


2115 


89 


50 


H 


1886 


89 


51 


S 


953 


89 


52 


S 


1287 


111 


53 


H 


2120 


113 


54 


S 


1299 


114 


55 


H 


2132 


151 


56 


S 


1297 


151 


57 


S 


1296 


151 


58 


H 


2135 


151 


59 


H 


2139 


163 









397 



Page 

170 
170 
179 
183 
183 
198 
198 
206 
211 
216 
222 
307 



ADOPTED RESOLUTIONS 



Simple 
Res. 



861 



Adopted 

6/11/86 



Page 
19 



SENATE JOURNAL [Second Session 

NUMERICAL INDEX 

SENATE 



The identical bill number, when applicable, and the final action on the measure are noted 
following the title. When ratified, the Chapter Number of the Session Laws is reflected. 

BILLS/RESOLUTIONS . Page Nos. 

Life Care Certificate of Need (Fin Com) 159, 178. 

Motor Fuel Marketing Act (Ch. 972) 222, 225. 

Willow Creek Inc. (H-unf rpt) 

Southern Regional Presidential Primary (Ch. 927) 185, 201, 204. 

Endangered Child Law (H-reref J III Com) 

Therapeutic Recreation Certification (Ch. 966) 203, 214, 216. 

Kindergarten Health Assessments (Ch. 1017) 254, 273. 

Income Withholding Procedures/Child Support 

(Ch. 949) 194, 208, 210. 

Wilmington/ Azalea City (H-reref Fin Com) 

Shoplifting/Tag Switching Penalty (Ch. 841) 127, 137, 150. 

Retirement Center Tax Exemption/CON 

(failed 2nd rdg) 161, 178, 183, 200. 

Recorded Instruments Error Correction (Ch. 842) 97, 115, 139, 150. 

Sales Tax Exemption/Farm Buildings (Ch. 973) 161, 179, 222, 225. 

Witness and Victim Assistance (Ch. 998) 239, 252. 

Raise Animal Abuse Penalties (Ch. 967) 203, 214, 216. 

President Pro Tempore Appointments (Ch. 856) 77, 93, 163. 

Drug Trafficking Grand Jury (Ch. 843) 83, 90, 139, 150. 

Alien Inheritance Reciprocity Repealed (Ch. 797) 36, 67, 70. 

CON Threshold Increased (Ch. 968) 216. 

Vacancy/Elections Schedule (Ch. 920) 198. 

Local Government Borrowing Limit (H-reref Fin Com) 
Local Government Borrowing Limit/Const. (H-reref Fin Com) 
Boards & Commission Abolished/Restructured 

(H 1268) (Ch. 1028) 142, 262, 270, 299, 302, 307. 

Elderly Assault Penalties (J I Com) 186. 

Future Roads Act>-2 (H-Appr Com) 157, 162. 

Local Law Officer Supplemental Retire (Ch. 1015) 239, 263, 273. 

Statewide Official Elected/Even Year (H-unf rpt) 

Mental Health Technical Changes (Ch. 863) 8, 71, 81, 163. 

Burley Tobacco Facility Funds (Appr Com) 8. 

Belle Chere Festival Funds 

(H 1569) (Appr Com/see H 2055-Ch. 1014) 8. 

S 858 Malpractice Liability Changes 

(H 1455) (H-Courts Com) 8, 111, 121, 135, 167, 176. 

S 859 Child Vaccine Injury Comp. Prog. 

(H 1456) (Ch. 1008) 8, 124, 135, 147, 228, 237, 241, 249, 268. 

S 860 Firemen's Pension Increase (reref Appr Com) 9, 14, 20, 22. 

S 861 Amend Permanent Rules of the Senate (Adopted) .9, 15, 19, 341. 

S 862 Motor Vehicle Inspection Fund Repeal 

(H 1493) (Appr Com) 10. 



I 



S 


65 


S 


73 


S 


85 


S 


180 


s 


243 


S 


249 


S 


293 


S 


303 


s 


353 


s 


438 


s 


460 


s 


485 


s 


488 


s 


595 


s 


613 


s 


626 


s 


634 


s 


642 


s 


679 


s 


685 


s 


707 


s 


709 


s 


726 


s 


757 


s 


761 


s 


846 


s 


854 


s 


855 


s 


856 


s 


857 



1986] SENATE JOURNAL 399 

Brevard Music Center Pavillion Funds (Appr Com) 10. 

Sigmon Settlement Funds (J IV Com) 10. 

Home Health Care Indigents (Appr Com) 10, 

Gasoline Tax/Household Property Exemption 

(H 1478) (Ch. 982) 10, 21, 111, 120, 133, 211, 218, 220, 225, 229. 

Yancey Exempted From Dog Statute (Ch. 897) 10, 114, 132, 182. 

Liability Insurance and Tort Reform (reref Ins Com) 10, 112, 116. 

Travel and Tourism Funds (Appr Com) 10. 

Buncombe Emergency Network Funds 

(H 1621) (Appr Com/see H 2055-Ch. 1014) 11. 

Madison-Buncombe Opportunity Funds 

(H 1619) (Appr Com/see H 2055-Ch. 1014) 11. 

Memorial Mission Hospital Funds (H 1571) (withdrawn) 11, 67. 

Technical Amendments/Insurance Law 

(H 1513) (Ch. 1027) 11, 38, 75, 217, 240, 256, 262, 273, 299, 307. 

Safe Driver Insurance Plan (H 1511) (Ins Com) 11. 

Attorney General on Courts Commission (J IV Com) 12. 

David Stick Library Funds (Appr Com) 12. 

Northeastern N.C. Tomorrow Funds (Appr Com) 12. 

Craven Property Tax Appeals (Ch. 958) 12, 39, 73, 203, 213, 216. 

Insurance Taxes/Fees (H 1514) (Ch. 928) 12, 41, 123, 135, 146, 204. 

Insurance Dept. Appropriation Regulation (H 1515) (Appr Com) 13. 

N.C. Self-Insurance Guaranty Association 

(H 1512) (Ch. 1013) 13, 70, 86, 98, 255, 268. 

Low-Level Waste Study (H-Appr Com) 13, 76, 157, 162. 

Lexington Charter Changes (H 1508) (H-unf rpt) 13, 39, 72, 79. 

Rowan/Davidson Motorboat Noise (H 1549) (N&ER&W Com) 13. 

Arts Together Funds (Appr Com/see H 2055-Ch. 1014) 13. 

ReEntry, Inc., Funds (Appr Com/see H 2055-Ch. 1014) 13. 

Art Museum Funds (H 1510) (Appr Com) 13. 

N.C. Symphony Funds (H 1626) (Appr Com) 13. 

Lumberton ABC Board Enlarged (Ch. 811) 14, 39, 73, 125. 

Catawba Historical Restoration (Appr Com/see H 2055-Ch. 1014) 15. 

Randolph Precinct Boundaries (H 1465) (H-ppi) 15, 39, 73. 

Judicial Unexpired Terms (Ch. 986) 15, 78, 86, 93, 122, 235. 

Superior Court Judges/Numbered Seats (Ch. 957) .... 15, 78, 86, 93, 211. 
Dry Ridge Museum Funds 

(H 1523) (Appr Com/see H 2055-Ch. 1014) 15. 

Stun Guns Banned (J III Com) 15, 101, 137. 

Multi-City Occupancy Tax (Ch. 929) 16, 137, 145, 155, 204. 

Whiteville Firemen Fund (Ch. 980) 16, 77, 93, 226. 

School Opening Date (H 1048) (H-failed 2nd rdg) 16, 77, 87, 94. 

Frankie Lemmon School Funds (Appr Com/see H 2055-Ch. 1014) 16. 

Greene Adult Education Center (H 1546) (Appr Com) 16. 

Privilege License Clarifying Amendments 

(Ch. 985) 16, 75, 81, 85, 229, 230, 235. 

No Tax on Advertising Services (Fin Com) 16. 

Partnership Tax Return Exception (Ch. 983) 16, 75, 82, 235. 

Update IRC Reference (Ch. 853) 16, 75, 81, 85, 163. 

Raise Minimum Franchise Tax (Ch. 854) 17, 75, 81, 86, 163. 

Clarify Mfr. Sales Tax Exemption (Ch. 1005) 17, 153, 161, 176, 253. 

Sales Tax on Money/Gold (reref Fin Com) 17, 75, 82, 99. 



s 


863 


s 


864 


s 


865 


s 


866 


s 


867 


s 


868 


s 


869 


s 


870 


s 


871 


s 


872 


s 


873 


s 


874 


s 


875 


s 


876 


s 


877 


s 


878 


s 


879 


s 


880 


s 


881 


s 


882 


s 


883 


s 


884 


s 


885 


s 


886 


s 


887 


s 


888 


s 


889 


s 


890 


s 


891 


s 


892 


s 


893 


s 


894 


s 


895 


s 


896 


s 


897 


s 


898 


s 


899 


s 


900 


s 


901 


s 


902 


s 


903 


s 


904 


s 


905 


s 


906 


s 


907 



400 SENATE JOURNAL [Second Session 

Wilson City Informal Bids (Ch. 871) 17, 39, 73, 167, 175, 181. 

Wilson City Natural Gas Purchases 

(Ch. 959) 17, 40, 73, 209, 213, 216. 

PittAVilson/Edgecombe Develop (Ch. 921) 17, 40, 72, 80, 85, 198. 

Hamlet Boundaries (Ch. 812) 17, 39, 73, 125. 

Office of Marine Affairs Funds (Appr Com) 17, 71. 

Local Charter Amendments Filed (H 1460) (J II Com) 17. 

Definition of City (H 1459) (J II Com) 18. 

Amend Rules/Legis Comm — Municipal Inc (Rules Com) 18, 22. 

Rowan Animal Control Officers (Ch. 872) 18, 39, 73, 181. 

Econ Dev. Auth/Rowan and Davidson (H-ppi) 18, 39, 71, 80. 

Statesville Occupancy Tax Amended (Ch. 930) .... 18, 123, 130, 144, 205. 

Statesville Liquor Profits (Ch. 873) 18, 39, 73, 181. 

Municipal Incorporations Limited (H 1458) (Rules Com) 18. 

Western N.C. Tomorrow Funds 

(H 1620) (Appr Com/see H 2055-Ch. 1014) 22. 

Judicial Unexpired Terms— 2 (Ch. 987) 22, 78, 87, 93, 122, 235. 

Economic Development Authority (Richmond) 

(Ch. 874) 23, 40, 72, 80, 154, 160, 175, 181. 

Child Support Guidelines (Ch. 1016) 23, 126, 139, 217, 257, 263, 273. 

IV-D Agency Fee/Costs Changes (Ch. 931) .... 23, 71, 107, 121, 139, 205. 
Local Gov't Zoning Notices Mailed 

(Ch. 950) 23, 96, 105, 122, 143, 146, 194, 204, 211. 

Wilson Industrial Council Retirement (H-Pensions Com) 23, 77, 85. 

Black Mtn. Juvenile Evaluation Center Funds 

(H 1556/H 1670) (Appr Com) 23. 

Onslow PEERS Funds (Appr Com/see H 2055-Ch. 1014) 23. 

Buncombe School Board Salaries (H 1554) (H-ppi) 23, 40, 73. 

Icard/Hildebran Fire District (Ch. 922) 23, 40, 72, 80, 198. 

Onslow Hospice Funds (Appr Com/see H 2055-Ch. 1014) 23. 

Children Inc. Funds (Appr Com) 24. 

Enabling/Technical Amendment— G. S. 143-215.1 

(Res. 48) 24, 76, 87, 170. 

Greenville Parking Penalty Increase (Ch. 813) 24, 40, 73, 125. 

Trust^Court Costs/Fees (Ch. 855) 24, 75, 81, 86, 163. 

Clarify Lobby Law (Rules Com) 24. 

American Children's Home Funds 

(Appr Com/see H 2055-Ch. 1014) 24. 

Child Support Cases Expedited (Ch. 993) 24, 74, 115, 138, 234, 245. 

Currituck Assistant Ranger Funds (Appr Com) 24. 

Currituck Beach MV Regulation (Ch. 875) 24, 40, 73, 181. 

EMT Clarification (Ch. 951) 24, 40, 74, 194, 204, 211. 

Pitt Economic Development (reref Local Gov Com) 25, 40, 72. 

New Bern Demolition Costs/ Attorney Fees (Ch. 876) 25, 40, 74, 181. 

Nash Occupancy Tax 

(H-ruled ineligible under H 1424) 25, 40, 123, 129, 144. 

Blue Ridge Tech. /Capital Funds (H 1628) (Appr Com) 25. 

Blue Ridge Tech Library (Appr Com) 25. 

Western Counties Occupancy Tax 

(Ch. 969) 24, 40, 123, 130, 131, 138, 146, 155, 209, 212, 219, 225. 

Swain Occupancy Tax (Ch. 923) 25, 40, 107, 119, 128, 198. 

Haywood/Henderson Development 

(Ch. 970) 25. 40, 74, 167, 176, 186, 214, 218, 225. 



s 


908 


s 


909 


s 


910 


s 


911 


s 


912 


s 


913 


s 


914 


s 


915 


s 


916 


s 


917 


s 


918 


s 


919 


s 


920 


s 


921 


s 


922 


s 


923 


s 


924 


s 


925 


s 


926 


s 


927 


s 


928 


s 


929 


s 


930 


s 


931 


s 


932 


s 


933 


s 


934 


s 


935 


s 


936 


s 


937 


s 


938 


s 


939 


s 


940 


s 


941 


s 


942 


s 


943 


s 


944 


s 


945 


s 


946 


s 


947 


s 


948 


s 


949 


s 


950 



1986] SENATE JOURNAL 401 

S 951 Transylvania Pre-development Ordinances 

(H 1637) (H-ppi) 25, 40, 74. 

Additional 1% Forsyth Room Tax (Ch. 924) 25, 40 107, 119, 128, 198. 

Memorializing Sankey Wright Robinson 

(H 1650) (Res. 51) 26, 156, 170, 183. 

Camp LeJeune Expansion Opposed (Rules Com/see H 1639) 28. 

Snuggs House Improvement Funds 

(Appr Com/see H 2055-Ch. 1014) 28. 

Chowan Interstate Commission Funds (Appr Com) 28. 

Eliada Home Funds (H 1599) (Appr Com/see H 2055-Ch. 1014) 28. 

Avery County ADAP Transp. Funds 

(H 1776) (Appr Com/see H 2055-Ch. 1014) 28. 

Elderly Housing Projects (Appr Com/see H 2055-Ch. 1014) 29. 

Moore County Children's Funds (Appr Com) 32. 

Asheville Symphony Pops Funds 

(H 1622) (Appr Com/see H 2055-Ch. 1014) 32. 

State Retirement Increase (reref Appr Com) 32, 77. 

Halifax E.M.S. Funds (Appr Com/see H 2055-Ch. 1014) 32. 

Halifax 4-H Day-Camp Funds (Appr Com/see H 2055-Ch. 1014) 32. 

N.C. Dance Theater Funds (Appr Com/see H 2055-Ch. 1014) 32. 

Black Artists' Guild Funds (Appr Com/see H 2055-Ch. 1014) 32. 

Tammy Lynn Funds— 2 (Appr Com/see H 2055-Ch. 1014) 32. 

Lee County School Library Funds 

(H 1726) (Appr Com/see H 2055-Ch. 1014) 33. 

Temple Theatre Funds (Appr Com/see H 2055-Ch. 1014) 33. 

t.l.c. Home Funds (Appr Com/see H 2055-Ch. 1014) 33. 

Broadway Park Development Funds 

(H 1722) (Appr Com/see H 2055-Ch. 1014) 33. 

Sanford Revitalization Funds (Appr Com/see H 2055-Ch. 1014) 33. 

General Lee Museum Funds (Appr Com/see H 2055-Ch. 1014) 33. 

Angier Senior Center Funds (Appr Com/see H 2055-Ch. 1014) 33. 

Craven Athletic Field House Funds 

(Appr Com/see H 2055-Ch. 1014) 33. 

Lemon Springs Improvement Funds — 2 

(H 1725) (Appr Com/see H 2055-Ch. 1014) 33. 

Granville Senior Citizens Funds (Appr Com/see H 2055-Ch. 1014) .... 33. 

Cleveland Services Center Funds (Appr Com) 34. 

Land Grant Record Funds (Appr Com) 34. 

Alexander Reservoir Funds (Appr Com) 34. 

Big Ivy Historical Complex Funds 

(H 1716) (Appr Com/see H 2055-Ch. 1014) 34. 

Schiele Museum Operating Funds — 2 (Appr Com) 34. 

Lincoln Community Center Funds 

(Appr Com/see H 2055-Ch. 1014) 34. 

Cleveland Historical Association Funds 

(Appr Com/see H 2055-Ch. 1014) 34. 

Controlled Substance Tax (J IV Com) 34. 

Pine Level Trash Disposal Funds 

(Appr Com/see H 2055-Ch. 1014) 34. 

Ivanhoe Community Bldg. Funds 

(Appr Com/see H 2055-Ch. 1014) 34. 

Sampson Tech Funds (Appr Com) 35. 

Tobacco Museum Funds (Appr Com/see H 2055-Ch. 1014) 35. 



s 


952 


s 


953 


s 


954 


s 


955 


s 


956 


s 


957 


s 


958 


s 


959 


s 


960 


s 


961 


s 


962 


s 


963 


s 


964 


s 


965 


s 


966 


s 


967 


s 


968 


s 


969 


s 


970 


s 


971 


s 


972 


s 


973 


s 


974 


s 


975 


s 


976 


s 


977 


s 


978 


s 


979 


s 


980 


s 


981 


s 


982 


s 


983 


s 


984 


s 


985 


s 


986 


s 


987 


s 


988 


s 


989 



s 


991 


s 


992 


s 


993 


s 


994 


s 


995 


s 


996 


s 


997 


s 


998 


s 


999 


s 


1000 


s 


1001 


s 


1002 


s 


1003 


s 


1004 


s 


1005 


s 


1006 


s 


1007 


s 


1008 


s 


1009 



402 SENATE JOURNAL [Second Session 

S 990 Johnston County Industries Funds 

(Appr Com/see H 2055-Ch. 1014) 35. 

Forestry Service OfficesAVayne Co (Appr Com) 35. 

Enable/Tech Amend- Administrative Procedure Act 

(Res. 46) 35, 76, 87, 151. 

Pilot Arbitration Program (H-reref Courts Com) 35, 161, 179. 

N.C. Grape Growers Board (Ch. 974) 35, 122, 158, 162, 223, 225. 

Honor Firemen (Rules Com/see H 1499) 35. 

Gaston Shelter Funds (Appr Com/see H 2055-Ch. 1014) 35. 

Dental Health Funds (Appr Com) 35. 

Community Mental Health Funds (Appr Com) 36. 

Littleton Center Funds (Appr Com/see H 2055-Ch. 1014) 36. 

Dr. C. S. Brown Center Funds (H 1709) (Appr Com) 36. 

Northampton Museum Funds (Appr Com/see H 205&-Ch. 1014) 36. 

LRC Study Elections (reref Appr Com) 41, 164. 

Guilford Courthouse Renovation Funds 

(Appr Com/see H 2055-Ch. 1014) 41. 

Black Child and Family Funds (Appr Com/see H 2055-Ch. 1014) 41. 

Blue Ridge Water Association (Appr Com/see H 2055-Ch. 1014) 41. 

Blue Ridge Tech/College Funds (Appr Com/see H 2055-Ch. 1014) .... 42. 

Gaston VFD Funds (Appr Com/see H 2055-Ch. 1014) 42. 

Elizabeth II to Hertford County (Appr Com/see H 2055-Ch. 1014). ... 42. 
Ahoskie Chamber of Commerce Funds 

(Appr Com/see H 2055-Ch. 1014) 42. 

S 1010 Gates County Hist. Society Funds 

(Appr Com/see H 2055-Ch. 1014) 42. 

S 1011 Jones Agricultural Center Funds 

(Appr Com/see H 2055-Ch. 1014) 42. 

Lenoir Law Enforcement Funds (Appr Com/see H 2055-Ch. 1014) 42. 

Lenoir Comm. College Aviation Funds (Appr Com) 42. 

Cedar Grove Day-Care Center Funds 

(Appr Com/see H 2055-Ch. 1014) 42. 

Lincoln Health Center Funds (Appr Com/see H 2055-Ch. 1014) 42. 

Operation Breakthrough Comm. Action 

(Appr Com/see H 2055-Ch. 1014) 43. 

Durham Arts Council Funds (Appr Com/see H 2055-Ch. 1014) 43. 

Eastern Music Festival Funds — 3 

(Appr Com/see H 2055-Ch. 1014) 43. 

Greensboro Council on Crime (Appr Com/see H 2055-Ch. 1014) 43. 

Northeast Center — Human Development 

(Appr Com/see H 2055-Ch. 1014) 43. 

S 1021 Historic Hope Funds 

(Appr Com/see H 2055-Ch. 1014— see also S 1114) 43. 

S 1022 Erwin Community Center Funds 

(Appr Com/see H 2055-Ch. 1014) 43. 

S 1023 Enable/Capital Impr Project— UNC (Ruled not required) 43, 76, 87. 

S 1024 UNC Power Plant Bonds (Ch. 865) 43, 87, 107, 120, 134, 170. 

S 1025 Olympic Festival Funds (Appr Com) 43. 

S 1026 Water/Sewer Grant Funds (H 1795) (Appr Com) 44. 

S 1027 Maxton Day Care Council Funds 

(Appr Com/see H 2055-Ch. 1014) 44. 

S 1028 Red Springs Community Center Funds T • V 

(Appr Com/see H 2055-Ch. 1014) 44. 



S 


1012 


S 


1013 


S 


1014 


S 


1015 


S 


1016 


s 


1017 


s 


1018 


s 


1019 


s 


1020 



1986] SENATE JOURNAL 403 

Carolina Theater Funds— 2 (Appr Com/see H 2055-Ch. 1014) 44. 

St. Pauls Community Bldg. Funds 

(Appr Com/see H 2055-Ch. 1014) 44. 

Hoke County Courthouse Funds (Appr Com/see H 2055-Ch. 1014) .... 44. 

Proctorville Community Bldg (Appr Com/see H 2055-Ch. 1014) 44. 

Raeford Community Ctr Funds (Appr Com/see H 2055-Ch. 1014) 44. 

Fairmont Industrial Park Funds (Appr Com/see H 2055-Ch. 1014). ... 44. 

N.C. Turkey Festival Funds (Appr Com/see H 2055-Ch. 1014) 45. 

Parkton Community Center Funds 

(Appr Com/see H 2055-Ch. 1014) 45. 

Rowland Southside Alumni Funds 

(Appr Com/see H 2055-Ch. 1014) 45. 

Strike at the Wind Funds— 2 (Appr Com/see H 2055-Ch. 1014) 45. 

Wake Senior Citizens Center Funds 

(Appr Com/see H 2055-Ch. 1014) 45. 

Franklin Jail Renovation Funds (Appr Com/see H 2055-Ch. 1014) .... 45. 
Louisburg Public Safety Center (Appr Com/see H 2055-Ch. 1014) .... 45. 
Richmond Economic Development Funds 

(Appr Com/see H 2055-Ch. 1014) 45. 

East Hamlet Citizens Funds (Appr Com/see H 2055-Ch. 1014) 45. 

Richmond Senior Center Funds (Appr Com/see H 2055-Ch. 1014) .... 45. 
Rockingham Recreation Foundation Funds 

(Appr Com/see H 2055-Ch. 1014) 46. 

Montgomery Rape Crisis Funds (Appr Com/see H 2055-Ch. 1014) 46. 

Scotland Summer Jobs Program Funds 

(Appr Com/see H 2055-Ch. 1014) 46. 

Troy Parks Funds (Appr Com/see H 2055-Ch. 1014) 46. 

Rankin Museum Funds— 2 (Appr Com/see H 2055-Ch. 1014) 46. 

Hamlet Library Funds (Appr Com/see H 2055-Ch. 1014) 46. 

Anson County Project Development Funds 

(Appr Com/see H 2055-Ch. 1014) 46. 

Elm City Rescue Squad Funds (Appr Com/see H 2055-Ch. 1014) 46. 

Falkland Rescue Squad Funds (Appr Com/see H 2055-Ch. 1014) 46. 

Pitt Community College Funds (Appr Com/see H 2055-Ch. 1014) 46. 

Farmville Senior Council Funds (Appr Com/see H 2055-Ch. 1014) 47. 

Pitt/Greenville Chamber of Commerce Funds — 2 

(Appr Com/see H 2055-Ch. 1014) 47. 

Rocky Mount QIC Funds (Appr Com/see H 2055-Ch. 1014) 47. 

Bethel Library Funds (Appr Com/see H 2055-Ch. 1014) 47. 

Bethel Senior Center Funds (Appr Com/see H 2055-Ch. 1014) 47. 

Edgecombe Public Library Funds 

(Appr Com/see H 2055-Ch. 1014) 47. 

Farmville Arts Council Funds (Appr Com/see H 2055-Ch. 1014) 47. 

Wilson Fire Equipment Funds (Appr Com) 47. 

Robersonville Hospital Funds (Appr Com/see H 2055-Ch. 1014) 47. 

Farmville Band and Rec. Uniforms 

(Appr Com/see H 2055-Ch. 1014) 47. 

S 1065 Crisis A